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Gannon v. Payne
Published online by Cambridge University Press: 27 February 2017
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- Type
- Judicial Decisions
- Information
- Copyright
- Copyright © American Society of International Law 1986
References
1 695 S.W.2d 741 (Tex. App. [5th Dist.] 1985).
2 706 S.W.2d 304, 308.
3 Id. at 306.
4 See Hilton v. Guyot, 159 U.S. 113, 163–64 (1895) (definition of comity); Laker Airways Ltd. v. Sabena, Belgian World Airlines, 731 F.2d 909, 926, 927 (D.C. Cir. 1984), summarized in 78 AJIL 666 (1984).
5 It is interesting to note that one court of appeals judge, dissenting from the decision reinstating the temporary injunction, would have found that the trial court had abused its discretion under the doctrine of forum non conveniens “if it enjoin[ed] a proceeding concerning the same subject matter in a convenient foreign jurisdiction.” 695 S.W.2d at 750 (Akin, J., dissenting).
6 731 F.2d 909 (D.C. Cir. 1984); see supra note 4.
7 Restatement of Foreign Relations Law of the United States (Revised) §403 Reporters’ Note 7 (Tent. Draft No. 7, 1986) (Laker litigation as an example for enjoining exercise of jurisdiction in other states).