Maghreb Petroleum Exploration, S.A., et al. v. John Paul DeJoria
DueProcess JusticiabilityDoctri
Whether the retroactive application of the 2017 Texas Act violates the anti-retroactivity provisions of the Federal and the Texas Constitutions?
question presented is: Whether the retroactive application of the 2017 Texas Act violates the anti-retroactivity provisions of the Federal and the Texas Constitutions? 2. The district court granted DeJoria’s motion to deny recognition of the Moroccan under the retroactively applied 2017 Texas Act. Texas law required the Fifth Circuit to review that judgment de novo and the Fifth Circuit applied de novo review in its 2015 decision. Yet the panel broke with established precedent in this case and applied the “clear error” standard of review. The second question presented is: Whether, under Erie, federal courts of appeal should apply the state-law standard of review in foreign country money judgment recognition cases.