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More Thoughts On The Second Circuit Decision In Chevron Corp. v. Naranjo
In my last post on Chevron v. Naranjo, I disagreed with the notion that some peculiarity of the Uniform Foreign Money Judgment Recognition Act implied that a party facing recognition and enforcement proceedings could not seek a declaration that the foreign judgment was not entitled to recognition. But a comment by Roger Alford at the……
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Moloney & McIntyre Appeal Again
Ed Moloney and Anthony McIntyre have appealed from Judge Young’s decision dismissing their complaint against the government. The First Circuit has indicated that the appeal is to be consolidated, if possible, with the Moloney and McIntyre appeal from the judge’s earlier decision denying their motion for leave to intervene in Boston College’s motion to quash.……
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Case of the Day: Liberty Media Holdings v. Sheng Gan
The internet “adult entertainment” industry makes yet another contribution to the law of international judicial assistance in today’s case of the day, Liberty Media Holdings v. Sheng Gan (D. Colo. 2012). According to the amended complaint, Sheng Gan, a Chinese national residing in Costa Rica, operates a website known as SiteRipKing.com. “Site ripping” is the……
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Case of the Day: Mead Johnson & Co. v. Lexington Insurance Co.
The case of the day is Mead Johnson & Co. v. Lexington Insurance Co. (S.D. Ind. 2012). Mead and PBM Products were competitors in the infant formula business. PBM claimed that Mead was guilty of false advertising. It won a $13.5 million judgment against Mead in 2009, which the Fourth Circuit affirmed in 2011. Mead……
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Did The Second Circuit Get It Right?
My first post on the Second Circuit’s blockbuster decision in the Chevron/Ecuador case highlighted the court’s emphasis on comity as a reason not to enjoin recognition and enforcement actions in other countries. I think the court got this 100% right. Thus I agree that Judge Kaplan’s injunction was improper. But I also noted that I……