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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The Chronicle of Higher Education has published an interesting coda to the Belfast Project litigation that I covered here extensively. The piece goes behind the scenes in the planning and…
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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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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The case of the day, In re Application of National Syndicate for Electric Energy (E.D. Va. 2014), is another in a recent group of unrelated cases indicating the limits of…
The case of the day is Professional Investigating & Consulting Agency, Inc. v. Suzuki (S.D. Ohio 2014). The defendants, David Suzuki and Suzuki Reconnaissance Advisors, Ltd., were located in Hong…
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…
Two recent appellate cases show that the availability of discovery under 28 U.S.C. § 1782 in private international arbitrations is as unsettled as it has been at any time since…
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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