In the Canadian Equustek ruling in June 2017, Canada's Supreme Court ordered Google to de-list search results for users everywhere in the world, based on Canadian trade secret law. However, it left open the possibility that this outcome could change on remand to lower Canadian courts if Google established that the order conflicted with law in other countries. This November 2017 ruling, from a US first instance court, establishes that this conflict exists in the US.
In its filing, Google requested "declaratory judgment that the Canadian court’s order cannot be enforced in the United States and an order enjoining that enforcement.” Here, the court grants preliminary injunctive relief. Google raised three arguments: that the Canadian order "directly conflicts with the First Amendment, disregards the Communication Decency Act’s immunity for interactive service providers, and violates principles of international comity.” The court rules based only on the second, statutory argument. However, its analysis emphasizes free expression concerns as a reason that Google prevails on the "public interest" prong of the procedural standard for a preliminary injunction.
The US ruling does not dispute Canadian courts' interpretation of Canadian law, nor does it purport to enjoin enforcement of Canadian law in Canada. Since the opposing party -- Equuestek -- did not appear to challenge Google's request, there will presumably be no US appeal. However, the US order is likely to be relevant in further Canadian proceedings. For additional analysis of the litigation and policy strategy behind this case, see CIS's blog post.