Case of the Day: Cascade Yarns v. Knitting Fever

The case of the day is Cascade Yarns, Inc. v. Knitting Fever, Inc. (W.D. Wash. 2014). The claim in the case was for mislabeling of Knitting Fever’s yarns as to country of origin. Cascade wanted to take document discovery and depositions of the distributors of the accused yarn in Italy and Spain. Both Italy and Spain are parties to the Hague Evidence Convention, and both have made Article 23 declarations.
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Case of the Day: Martinez v. Bloomberg

The case of the day is Martinez v. Bloomberg LP (2d Cir. 2014). Brian Anthony Martinez, a former employee of Bloomberg LP, sued Bloomberg for wrongful termination in violation of the Americans with Disabilities Act. The facts aren’t that important to the decision. Martinez’s employment contract had an English choice of law clause and an exclusive forum selection clause naming the courts of England as the exclusive forum for disputes. Bloomberg moved to dismiss under FRCP 12(b)(3) for improper venue. 1 The district court dismissed, and Martinez appealed. He argued that the district court was wrong in its view of the scope of the choice of forum clause (i.e., that assuming the clause was enforceable, it did not apply to his ADA claim) and that in any event the clause was unenforceable.
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Lago Agrio: Deepak Gupta In The House

Deepak Gupta
To The Rescue!
If you spend your days reading and writing memoranda of law, you know a good one when you see it. And so when I read Steven Donziger’s latest brief in the RICO case last week, my first thought was that his lawyers had finally found their groove. But then I looked at the cover and saw that Donziger had actually gotten a new legal team! I assume (but I do not know) that the new member of the team, Deepak Gupta of Gupta/Beck, had a big hand in the new brief that’s both legally compelling and a pleasure to read. Enough with the effusive praise. What’s the brief about?
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Case of the Day: Beijing Zhongyi Zhongbiao Electronic Information Technology Co. v. Microsoft

The case of the day is Beijing Zhongyi Zhongbiao Electronic Information Technology Co. v. Microsoft Corp. (W.D. Wash. 2013). In 1995, Microsoft and the Chinese government signed a memorandum of understanding, under which Microsoft was to develop a Chinese version of Windows 95 using fonts that met the government’s standards, and the government undertook to help procure the fonts. Later, Microsoft, the Chinese government, and Zhongyi entered into a license agreement under which Microsoft received a perpetual, non-exclusive, worldwide license to use Zhongyi fonts.
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Lago Agrio: Ontario Case Stayed Pending Appeal To The Supreme Court of Canada

In a somewhat surprising development, Justice MacPherson, who wrote the Ontario Court of Appeals's decision in Yaiguaje v. Chevron, has stayed that decision pending the outcome of Chevron's application to…

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Paper of the Day: Pribetić on “Recognition and Enforcement of Foreign Judgments in Canada”

Today's paper of the day, by friend of Letters Blogatory Antonin Pribetić, of Himelfarb Proszanski and the The Trial Warrior blog, will be of interest to Letters Blogatory readers, and…

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