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Case of the Day: Everplay Installation v. Guindon
The case of the day is Everplay Installation, Inc. v. Guindon (10th Cir. 2012). Rolf Huber and Roger J. Guindon had incorporated Everplay in 1993. The articles of incorporation contained an arbitration agreement. After a dispute arose, Everplay and Huber initiated an arbitration against Guindon, which resulted in a 1998 interim award enjoining Guindon from……
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Unusual Exchange of Letters in the Belfast Project Case
H/T to Chris Bray for noting the unusual exchange of letters in the Belfast Project case. The government submitted a letter to the panel arguing that the lawyer for Moloney & McIntyre had argued facts not in the record at oral argument. There was little question that the plaintiffs’ lawyer did stray from the record,……
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Major Jurisdictional Decisions In Canada
Canadian lawyers are pretty excited about a series of decisions from the Supreme Court of Canada on personal jurisdiction of foreign defendants and forum non conveniens. H/T to esteemed fellow-bloggers Kenneth Dekker of The Litigator and Antonin Pribetic of The Trial Warrior, who have both posted on the cases. I will leave the real commentary……
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A New Front In The Lago Agrio Case?
The Lago Agrio plaintiffs have published a memorandum by Graham Erion, a Canadian lawyer also licensed to practice in New York, arguing that Chevron is guilty of securities fraud because it misstated the law and the facts relevant to the Lago Agrio litigation and, in general, understated the risks the company faces. Among other things,……
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The Curse of TracFone
Holy cow! TracFone is back in the Southern District of Florida. The first time we considered a TracFone case, I called the judge’s decision “one of those rare cases that is so wrong that I hope it does not get into the F. Supp.2d, so as to avoid misleading lawyers.” The second time, I wrote……