Letters Blogatory

The Blog of International Judicial Assistance

Letters Blogatory

The Blog of International Judicial Assistance

Case of the Day: JK v. VKP

The case of the day is JK v. VKP (Sweden S. Ct. 2022). No, I do not generally keep track of the Swedish Supreme Court; I picked up on the case at the excellent EAPIL Blog. A daughter sought child support from her father. She sought an order requiring the father to produce Danish tax assessment notices he had received. He claimed he didn’t have them, but it was undisputed that he could obtain them by simply logging on to the Danish tax website. The question: did he have “possession” of the notices, such that he could be required to

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Event Announcement of the Day: ABLI/HCCH Event on COCA and the Judgments Convention

Readers, check out this interesting upcoming webinar on Cross-border Commercial Dispute Resolution – HCCH 2005 Choice of Court and 2019 Judgments Conventions., the second in a series jointly hosted by the Singapore-based Asian Business Law Institute (ABLI) and the Hague Conference on Private International Law (HCCH)! Here is the announcement: The webinar will take place on Wednesday 27 July between 3 to 6pm (Singapore time), and will comprise two sessions to take a holistic look at the Choice of Court and Judgments Conventions. Attendees have the option of attending one or both sessions.  Invited speakers include Sara Chisholm-Batten (Partner, Michelmores LLP), the

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Lago Agrio: Second Circuit Affirms Conviction of Steven Donziger for Contempt of Court

Yesterday the Second Circuit affirmed Steven Donziger’s conviction on charges of contempt of court. Donziger did not challenge the judge’s findings of fact on appeal, and there was no real question about the facts at the trial. Instead, Donziger argued that his prosecution was unconstitutional because the prosecutor was a private lawyer appointed by the District Court under Rule 42(a)(2) of the Federal Rules of Criminal Procedure, which provides that after the court has ordered the defendant to show cause why he should not be held in contempt: The court must request that the contempt be prosecuted by an attorney

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Elephant Habeas: New York’s High Court Rejects “Elephants Are Persons” Nonsense

Let me stipulate at the beginning that elephants are magnificent animals who have been treated badly by us human beings for a long time. We have hunted them for ivory, reduced their habitat, and mistreated them in captivity in the circus and in some zoos. I say some zoos because Happy, the elephant at the center of the elephant habeas case, is at the Bronx Zoo, and the question is whether well-meaning who haven’t been able to get their legislators or fellow citizens to agree with them that the law should require a standard of care better than what the

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Antisemitism Rears Its Head In Massachusetts

I’m going to ask your indulgence as I write about something upsetting, vaguely frightening, and entirely unrelated to international judicial assistance. An anonymous “multi-generational collective of activists and organizers” known as the Mapping Project has published a map of most of the key organizations in the organized Jewish community in Massachusetts. Lest you think this is just a friendly map, or a symbolic map, or a diagram of supposed connections between various groups, the authors want to be very clear: they have published a physical map with real locations for the purpose of disruption: These entities exist in the physical

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Case of the Day: ZF Automotive v. Luxshare

The case of the day is ZF Automotive US, Inc. v. Luxshare, Ltd. (S. Ct. 2022). This is the big Section 1782 decision we all have been waiting for, which asks—and answers!—whether foreign arbitrations are proceedings before “foreign or international tribunals,” and therefore whether parties can obtain discovery in the US for use in foreign arbitrations. The short answer: no (with an asterisk I discuss below). I’ve been interested in this issue for a long time. One of the very first Letters Blogatory posts, from January 2011, addressed it. That post focused on whether it made sense for parties to

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