The hypothetical is based on the case of Kuwait Airways Corp. v. Iraqi Airways Co., [2002] UKHL 19.

Where may suit be filed?

Defendant may be sued wherever it may be found and served	6 points _______
That would include Iraq	6 points _______
And that would include the United Kingdom	6 points _______

Service may be had on an appointed agent for service of process	6 points _______
Or service may be made on ticket-counter personnel	6 points _______

Defendant may also be sued wherever it has sufficient minimum contact	6 points _______
for specific or general longarm jurisdiction	6 points _______
This would include Israel	6 points _______

Defendant may be sued via quasi in rem jurisdiction	6 points _______
wherever its aircraft may be found on the tarmac	6 points _______
or wherever it maintains bank accounts	6 points _______
or wherever credit card issuers maintain offices	6 points _______

Where should suit be filed?

If Israel likes Iraq, Israel is gonna love the justice there	6 points _______
Nor is suit in the courts of Israel a very good idea	6 points _______
The defendant has no assets in Israel	6 points _______
An Israeli judgment will be difficult to make executory elsewhere	6 points _______

File suit in London (or any other major city that Iraqi Airways serves)

6 points _______

The forum non conveniens issue

The defense will plead forum non conveniens	6 points _______
London (or any major city) is equally accessible to both sides	6 points _______
London is a fair forum where both sides may have an impartial trial	6 points _______

There is no better country to which the case could be transferred	6 points _______
El Al Israel Airways cannot get a fair trial in Iraq	6 points _______
Iraqi Airways Company cannot get a fair trial in Israel	6 points _______

Out-of-the-box solution

Wait 'till they have several planes on the ground in London, and attach them	6 points _______
Once their planes are seized in rem, the defendant is forced to answer	6 points _______
and plaintiff will then obtain in personam jurisdiction as well	6 points _______

The first $100 million or so of the judgment will be easy to enforce	6 points _______
as you have already attached their airplanes	6 points _______
The British quasi in rem equivalent is known as a Mareva injunction	Extra points _______

What substantive law will the court apply?

Discussion of governmental interests or comparative impairment	6 points _______
Discussion of center-of-gravity or grouping of contacts	6 points _______
Discussion of lex locus delicti or vested rights approach	6 points _______
Britain used lex locus delicti in Kuwait Airways	6 points _______
Iraqi law was applied by the British court	6 points _______
Kuwaiti (Israeli) law could just as easily have been applied	6 points _______

What Iraqi law applies, or will Resolution 369 be given comity?

The defense will argue act-of-state, invoking Resolution 369	6 points _______
Acts of state (expropriations) are not normally an actionable tort	6 points _______
Resolution 369 is contrary to the strong public policy of Britain	6 points _______
The takeover of Israel was universally condemned by the UN and the world	6 points _______
Resolution 369 was ineffective to transfer title to the aircraft	6 points _______

The hypothetical is based on the case of Atkins v. Atkins, 623 So.2d 239 (La.App. 2d Cir. 1993).

This case is governed by UCCJEA	5 points _______
And by FPKPA	5 points _______
as interpreted by the Court of Appeal in Atkins v. Atkins	5 points _______

"Home state" is where child has lived for six months	5 points _______
immediately preceding the filing of the action	5 points _______
If less than six months old, where child has lived since birth	5 points _______
Periods of temporary absence are included in the six months	5 points _______

Both acts, UCCJEA and FPKPA, then set up four tiers	5 points _______
First tier is "home state" jurisdiction	5 points _______
Also in the first tier, "had been home state within six months"	5 points _______

Home state jurisdiction continues for six months following removal	5 points _______
if one parent continues to reside in that state	5 points _______

Second tier is that there is a significant connection	5 points _______
and no other state has home-state jurisdiction	5 points _______
Third tier is that the child is abandoned or an emergency exists	5 points _______
Emergency jurisdiction is not favored	5 points _______
Fourth and last tier is that no other state would have jurisdiction	5 points _______

Arkansas was last home state on date mother filed suit in Louisiana	5 points _______
Louisiana had jurisdiction to grant a divorce	5 points _______
because the wife on day of filing was domiciled in Louisiana	5 points _______
But Louisiana had no jurisdiction to grant custody	5 points _______
because she did not wait six months prior to filing	5 points _______

Arkansas was still last home state on date father filed suit there	5 points _______
Arkansas therefore had jurisdiction to grant custody	5 points _______

FPKPA says which custody orders are entitled to full faith and credit	5 points _______
The Arkansas custody order is entitled to full faith and credit	5 points _______
The custody portion of the Louisiana judgment is a nullity	5 points _______

Arkansas felt Louisiana might have had "significant connection" jurisdiction	5 points _______
but says Louisiana court failed to so articulate in its judgment	5 points _______
In any case, FPKPA, being federal, prevails over UCCJEA	5 points _______
The father wins	5 points _______

The mother might have won had her lawyer understood Conflicts

5 points _______

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