William Dodge and Ingrid Wuerth on the Assa Case

William S. Dodge and Ingrid Wuerth have published a post at Just Security on United States v. Assa Co., a Second Circuit FSIA case I noted recently. Assa is the case holding that the FSIA does not forbid a court from exercising jurisdiction in rem over property of a foreign sovereign in a civil forfeiture case. (more…)

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Case of the Day: AlbaniaBEG Ambient v. Enel

The case of the day is AlbaniaBEG Ambient Sh.p.k. v. Enel S.p.A. (N.Y. App. Div. 2018). I wrote about a related procedural decision in March 2016.

AlbaniaBEG was the Albanian subsidiary of Becchetti Energy Group S.p.A., an Italian firm. The defendants, Enel S.p.A. and Enelpower S.p.A., are also Italian companies; Enel is Italy’s largest power company. Becchetti made a contract with Enelpower for the possible construction of a hydroelectric plant in Albania. The agreement had an Italian choice-of-law clause, and it required arbitration of disputes in Rome. Enelpower withdrew from the project, and BEG demanded arbitration. The tribunal’s award dismissed BEG’s claims against Enelpower. BEG sought to nullify the award in the Italian courts, but the courts rejected its claim.

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Case of the Day: Desiano v. Envision Foods

The case of the day is Desiano v. Envision Foods, Inc. (Mass. Super. Ct. 2017). I love this one. Ralph Desiano had a Florida money judgment for nearly $200,000 against Envision. Desiano’s case against Envision had nothing to do with Massachusetts, and Envision was not subject to general personal jurisdiction here, either. But Envision was a creditor of Cosi, Inc., a Massachusetts corporation. The Cosi debt was, in fact, Envision’s only asset. Cosi owed Desiano $500,000. Desiano sued Envision in Boston on the Florida judgment, and it named Cosi as a reach-and-apply defendant (i.e., he asked the court to order Cosi to pay part of the money it owed to Envison to Desiano instead, in satisfaction of the judgment debt). Envision moved to dismiss on the grounds that the court lacked personal jurisdiction, and Desiano moved for summary judgment.

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