Case of the Day: EGI-VSR v. Coderch

The case of the day is EGI-VSR, LLC v. Coderch (11th Cir. 2020). EGI-VSR had a $28 million arbitral award against Juan Carlos Celestino Coderch Mitjans, who lived in Brazil. EGI-VSR sought confirmation in Miami, and the court confirmed the award. On appeal, Coderch argued that he had not properly been served with process in Brazil, because the method of service did not comply with Brazilian law. (more…)

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Cert. Watch: Changzhou SinoType v. Rockefeller

Readers, here is the petition for cert. in Changzhou Sinotype Technology Co. v. Rockefeller Investments (Asia) VII, a case from the California Supreme Court that you’ll remember from this spring. Here are the facts in a nutshell. A US company wins a big arbitral award against a Chinese company in a US-based arbitration. Rather than going to China to enforce the award, it sought a California judgment confirming the award. It brought an action in Los Angeles and served the summons and petition on the Chinese company, in China, via FedEx. (more…)

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Case of the Day: Facebook v. 9 Xiu Network

The case of the day is Facebook, Inc. v. 9 Xiu Network (Shenzhen) Technology Co., Ltd. (N.D. Cal. 2019). The image I’ve chosen to go with the post is the virtual bouquet I am sending to Magistrate Judge Alex G. Tse, who joins the small number of judges across the country who have begun to get the question of service by email right in cases where the Hague Service Convention applies and where the state of destination has objected to service by postal channels. (more…)

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Lago Agrio: Donziger Disbarred

Steven Donziger’s career as a lawyer has come to an end. A New York court yesterday disbarred him. This result will not surprise longtime Letters Blogatory readers. Although the referee who conducted the hearing was clearly sympathetic to Donziger, the law was clear: the facts that Judge Kaplan found had preclusive effect and could not be relitigated. And on those facts (or facts′), which included bribery of a judge and falsification of an expert report, disbarment was clearly the right sanction. Here is the key line from the per curiam decision: “Respondent has been found guilty of egregious professional misconduct, namely, corruption of a court expert and ghostwriting his report, obstruction of justice, witness tampering, and judicial coercion and bribery which he steadfastly refuses to acknowledge and shows no remorse for.” (more…)

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Read more about the article Lago Agrio: Argentine Supreme Court Rejects LAP Appeal
Credit: Julien Gomba (CC BY)

Lago Agrio: Argentine Supreme Court Rejects LAP Appeal

The Argentine Supreme Court has rejected, apparently without a written decision, the appeal of the Lago Agrio plaintiffs from the lower courts’ refusal to recognize the Ecuadoran judgment. I am not aware of any other enforcement proceedings pending anywhere else in the world, so it could be that this really is the end of the Lago Agrio plaintiffs’ case. But it would hardly be wise to make a firm prediction! (more…)

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