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Case of the Day: In re Air Cargo Shipping Services Antitrust Litigation
The case of the day is In re Air Cargo Shipping Services Antitrust Litigation (E.D.N.Y. 2012). The decision does not give details of the underlying dispute, though the title of the case (a multi-district litigation consolidated in the Eastern District of New York) pretty much says it all. The issue was whether the defendant, Société……
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Case of the Day: Thai-Lao Lignite v. Laos
The case of the day is Thai-Lao Lignite (Thailand) Co. v. Government of the Lao People’s Democratic Republic (S.D.N.Y. 2012). We have reported on this dispute twice before. In the first post, the judge confirmed an arbitral award in favor of Thai-Lao against Laos. In the second, the judge granted judicial assistance to Thai-Lao, which……
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A Surprisingly Good Day For Moloney & McIntyre In The First Circuit
As we all know, Boston is the hub of the universe, but today it really was true, at least if you’re talking about the universe of US constitutional law. Three major constitutional cases were argued today. I missed the first one, United States v. Pleau (which may not have been a constitutional case, strictly speaking,……
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Case of the Day: Montebueno Marketing v. Del Monte Foods
The case of the day is Montebueno Marketing, Inc. v. Del Monte Foods Corp.—USA (N.D. Cal. 2012). Montebueno was Del Monte’s distributor in the Philippines. When Del Monte terminated the distribution contract in 1996, Montebueno sued, in the Philippines courts, for breach of the contract, even though the contract had an agreement to arbitrate. While……
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Breaking: Judge Kaplan Exonerates Chevron’s Bond
On April 2, Judge Kaplan granted Chevron’s motion to exonerate the bond Chevron posted as a condition of obtaining a preliminary injunction against the Lago Agro plaintiffs and their agents—the injunction, later vacated by the Second Circuit, that forbade the plaintiffs to seek to enforce the Ecuadoran judgment anywhere in the world. Before I briefly……