Month: May 2011

  • Case of the Day: In re Crystal Power Co.

    I ignore the Letters Blogatory Scope of Coverage today in order to write about In re Crystal Power Co. (5th Cir. 2011) [Initial Decision] [On Rehearing]. Can you blame me? It’s a mandamus case involving removal jurisdiction! H/T to Louis M. Solomon for a pointer to the case. Crystal Power was an El Salvador firm.……

  • Case of the Day: Tamimi Global Co. v. Kellogg Brown & Root

    Today we revisit the case of the day from April 5, 2011, Tamimi Global Co. v. Kellogg Brown & Root. KBR had a US government contract in Iraq. The case arose when a subcontractor, Tamimi, sought to confirm an arbitral award against KBR for non-payment; KBR’s defense was that the government had not paid what it owed,……

  • Case of the Day: Chevron Corp. v. Shefftz

    We return to the Lago Agrio case with today’s case of the day, Chevron Corp. v. Shefftz (D. Mass. 2010). In this installment, Chevron sought leave to depose and take other discovery from one of the authors of the expert reports the plaintiffs submitted in the Lago Agrio case, Jonathan S. Shefftz. Chevron was seeking……

  • Motions to “Validate” Questionable Service Of Process

    In a couple of recent cases of the day (Tuckerbrook v. Banerjee and Davoyan v. Turkey), plaintiffs who had reason to question whether their efforts to effect service of process had been successful asked the court, after the fact but before the defendant had answered, to approve the service. In Tuckerbrook, the plaintiff asked the court to……

  • Case of the Day: Tuckerbrook Alternative Investments v. Banerjee

    The case of the day, Tuckerbrook Alternative Investments, LP v. Banerjee (D. Mass. 2010), involves an attempt to serve process in India. Tuckerbrook was a registered investment adviser. Banerjee, a resident of India but (according to Tuckerbrook) a US citizen, was a portfolio manager for Tuckerbrook. The parties had a dispute in 2008, which they……