There is still some life in the Belfast Project case! The Belfast Telegraph reports that Winston “Winkie” Rae, a former Loyalist prisoner, has obtained an injunction preventing the PSNI from traveling to Boston to collect the taped recording of his Belfast Project interview. The story does not give any details about the legal arguments, so I’m not really sure what his lawyers argued to the court. I am interested, though, to know how Article 7(2) of the MLAT plays into the latest developments. That article provides:
Continue reading Belfast Project: Belfast Court Enjoins the PSNI
The case of the day is Assoun v. Assoun (S.D.N.Y. 2015). The parties, Yan Assoun and Anais Assoun, were former spouses who lived in England after their divorce. Anais petitioned the High Court in London to increase the amount of child support and spousal support Yan was required to pay. The court granted the petition and ordered Yan to pay $380,000 per year in spousal support, $25,000 per child per year in child support, retroactive child and spousal support, and £ 234,622 in attorney’s fees. Yan believed that Anais had misstated her own finances, either fraudulently or negligently, in the English court. After Anais registered the English judgment with the New York Family Court, Yan asked the Family Court to vacate the registration. He also brought an action for fraudulent or negligent misrepresentation in the New York Supreme Court. Anais removed the action to the federal court and moved to dismiss for failure to state a claim.
Continue reading Case of the Day: Assoun v. Assoun
The case of the day is Flame S.A. v. Industrial Carriers, Inc. (E.D. Va. 2014). This is the same case I wrote about on August 8, 2014. In the prior post, the issue was recognition of an English judgment Flame, a Swiss shipping and trading company, had obtained against Industrial Carriers for breach of a forward freight contract. In today’s post, the issue was whether another of the plaintiffs, Glory Wealth Shipping PTE Ltd., was entitled to maintain a maritime attachment of the M/V Cape Viewer on account of a default judgment from the Southern District of New York recognizing an English arbitral award Glory Wealth had obtained against Industrial Carriers. But the challenge to the attachment was not brought by Industrial Carriers, but by Freight Bulk PTE Ltd., which was not a party to the New York case and, it appears, not even a party to the underlying arbitration.
Continue reading Case of the Day: Flame S.A. v. Industrial Carriers, Inc.