Case of the Day: Sikhs for Justice v. Singh

The case of the day is Sikhs for Justice v. Singh (D.D.C. 2014). This is the third Sikhs for Justice case we’ve considered. The first, Sikhs for Justice v. Nath (S.D.N.Y. 2012), involved an attempt to serve process on the defendant inside the Indian consulate. The second, Sikhs for Justice v. Badal (7th Cir. 2013), involved a case of mistaken identity in service of process. Today’s case involves head of state immunity.
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Case of the Day: In re Berlamont

The case of the day is In re Application of Berlamont (S.D.N.Y. 2014). Franck Berlamont applied for leave to serve a subpoena under § 1782 in order to obtain a transcript of testimony Rajiv Jaitly gave in a deposition in an earlier New York case, Rembaum v. Banco Santander. The deposition had, apparently, taken place in England pursuant to a letter rogatry from the New York court issued under the Hague Evidence Convention. The application was in aid of a Swiss criminal investigation into Manuel Echevarria, a former colleague of Jaitly in Optimal Investment Services. The judge allowed the application.
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Case of the Day: Diag Human v. Czech Ministry of Health

The case of the day is Diag Human S.E. v. Czech Republic Ministry of Health (D.D.C. 2014). Diag Human was a Liechtenstein corporation. Its business, in the late twentieth century, was helping “currency-deficient Eastern Bloc states … acquire modern blood plasma technology.” After the fall of the Berlin Wall, Diag Human began to do business in the Czech Republic. One of Diag Human’s most important commercial partners was Novo Nordisk. The claim was that the Czech minister of health sent a letter to Novo Nordisk “intended to dissuade Novo Nordisk from continuing to do business with Diag.” The letter, according to Diag Human, “contained statements expressing concerns about Diag Human’s business ethics and credibility.” As a result, Novo Nordisk stopped doing business with Diag Human, leading, according to Diag Human, to “the collapse of its business in the Czech Republic.”
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Eugene Volokh’s Amicus Brief In Commonwealth v. Johnson

My partner Dan Lyne and I had the pleasure of acting as local counsel to über-blogger Eugene Volokh, an amicus curiae in Commonwealth v. Johnson an appeal from a Massachusetts cyber-harassment criminal conviction that will be heard by the Supreme Judicial Court early next month. The Johnsons had gotten into a real estate development dispute with their friends and neighbors, the Lyonses, and through a friend, they harassed the Lyonses via the internet. In particular, their friend, acting on their behalf, posted an ad on Craigslist advertising free golf carts available “first come first serve” in the Lyonses’ yard, with the predicable results.
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Case of the Day: Mare Shipping, Inc. v. Squire Sanders (US) LLP

The case of the day is Mare Shipping, Inc. v. Squire Sanders (US) LLP (2d Cir. 2014). The case arose out of the sinking of the Prestige, an oil tanker, off the coast of Spain in 2002, which resulted in a large oil spill. Apostolos Mangouras, the captain of the ship during the accident, had sought a port of refuge in Spain immediately before bad weather caused the ship to sink, but Spain had denied him refuge. After the incident, he was charged with several crimes in Spain, but in the end he was acquitted of all charged except a charge of “serious disobedience to authority.”
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Case of the Day: Clientron Corp. v. Devon IT, Inc.

The case of the day, Clientron Corp. v. Devon IT, Inc. (E.D. Pa. 2014), seems flagrantly wrong. The facts were simple enough. Clientron was a Taiwan corporation. It had a contract with Devon, a Pennsylvania corporation, for the manufacture and delivery of computer components. The contract had an arbitration agreement. A dispute arose, and Clientron commenced an arbitration before the Chinese Arbitration Association in Taiwan. Although Devon argued that the dispute was not arbitrable, the tribunal determined that it had jurisdiction and entered an award for $6.5 million in favor of Clientron. Clientron obtained a judgment in Taiwan enforcing the arbitral award. There had been no decision in a revocation proceeding Devon had brought in Taiwan.
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Lago Agrio: My Visit to Aguarico 4

Since returning from Ecuador, I’ve had two jobs: digging out from the pile of emails and papers that taking a week off from work generated, and doing my best Woodward and Bernstein imitation. I’ve tried to gather some more information about the sites we saw before writing about them. I’ve spent a fair amount of time speaking with folks about one of the two polluted sites we visited, known as Aguarico 4. This post tries to do two things. First, I want to give you a sense of what I saw at the site. Second, I want to ask a question that I think hasn’t gotten enough attention. The pollution at Aguarico 4 and other sites has been there for decades. Why is it still there? Why hasn’t anyone cleaned it up?
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