Case of the Day: Soffin v. eChannel Network

The case of the day is Soffin v. eChannel Network, Inc. (S.D. Fla. 2014). iSocial Media LLC sued eChannel, an Ontario corporation with offices in Toronto, for trademark infringement. I suppose in whatever business the companies operate, capitalizing the second letter of their names is considered edgy. eChannel’s principals were two brothers, Dragos Daniel Dumitra and Cosmin Cirprian Dumitra.
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Case of the Day: Garcia v. Kerry

The case of the day is Garcia v. Kerry (5th Cir. 2014). Ernesto Garcia applied to the State Department for a passport. He included with his application a Texas birth certificate purporting to show that he was born in Laredo, Texas. The State Department requested additional information, because, it said, The person who certified the brith, Emma Lopez, was “suspected of submitting false birth records.” (In fact, she pleaded guilty to falsifying a birth record a few years after Garcia’s birth). Garcia alleged that he never received the Department’s request for additional information. He sued for a declaratory judgment of citizenship by birth. The Department then denied his application, citing a Mexican birth certificate purporting to show that Garcia was born in Nuevo Laredo, Tamaulipas, Mexico.
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Case of the Day: In re Certain Funds

The case of the day rejoices in the name In re Petition of Certain Funds, Accounts, And/Or Investment Vehicles Managed By Affiliates Of Fortress Investment Group LLC (S.D.N.Y. 2014). Fortress was an investment management firm. It invested in bonds and notes issue by two Saudi Arabian businesses, the Saad Group and Ahmad Hamad Algosaibi & Brothers, or “AHAB.” AHAB, you may recall, has been the subject of two prior posts, one in February 2013, the other in October 2011.
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Case of the Day: Senah, Inc. v. Xi’an Forstar S&T Co.

The case of the day is Senah, Inc. v. Xi’an Forstar S&T Co. (N.D. Cal. 2014). Senah had sued Xi’an but had voluntarily dismissed the action in order to start over and serve Xi’an with process in accordance with the Hague Service Convention.
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Case of the Day: Commissions Import Export SA v. Republic of the Congo

The case of the day is Commissions Import Export S.A. v. Republic of the Congo (D.C. Cir. 2014). This is the appeal of the decision I reported in January 2013. The holding in the District Court was that where a party to a foreign arbitration has obtained a judgment confirming the award from a foreign court and then seeks recognition and enforcement of the foreign judgment rather than of the award in a US court, the statute of limitations in § 207 of the FAA preempts any longer statute of limitations available under state law governing the recognition and enforcement of foreign judgments. In today’s decision, the DC Circuit reversed.
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Lago Agrio: New State Department Records Show Extent Of Lobbying

The latest batch of FOIA records from the State Department shed further light on the lobbying concerning the Lago Agrio case. Among other interesting items, we now know that Chevron’s CEO personally lobbied the Secretary of State. Read on!
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