Month: August 2012

  • Breaking: First Circuit Denies Rehearing In Belfast Project Case

    As expected, the First Circuit has denied Moloney & McIntyre’s petition for a hearing by the panel or en banc in the Belfast Project case. There was no dissent. Moloney & McIntyre have already signaled their intention to file a petition for a writ of certiorari in the Supreme Court. For those of you wanting……

  • Case of the Day: Kowalski v. Anova Food, LLC

    The case of the day is Kowalski v. Anova Food, LLC (D. Hawaii 2012). Kowalski and Hawaii International Seafood, Inc. sued Cleasrsmoke Technologies, Ltd., a Malta corporation. The plaintiffs first attempted service by email to Clearsmoke’s lawyer on the mainland, and then by personal delivery to Clearsmoke’s Hawaii lawyer. But in either case did Kowalski……

  • Case of the Day: Feliz v. MacNeill

    The case of the day is Feliz v. MacNeill (1st Cir. 2012). The decision is by Justice Souter, who sometimes sits by designation on First Circuit panels. Dr. Briain MacNeill, a physician, treated Santa Encarnacion a few days before her death, and her administratrix, Sobeida Feliz, sued him for medical malpractice. Feliz sued in the……

  • Case of the Day : French Cour de cassation, May 12th 2012 (N°11-15.508)

    This is the first guest-post by Fanny Cornette, a member of Letters Blogatory’s IJA Brigade. Fanny holds positions at the Université de Rouen and the Université du Havre I would like to thank Ted for welcoming me as a French correspondent for his blog. For my first post, I would like to give an example……

  • Case of the Day: D&D Automation v. MB Sistemas

    The case of the day is D&D Automation, Inc. v. MB Sistemas S. Coop. (W.D.N.Y. 2012). D&D, a Canadian firm, had a contract with MB Sistemas, a Spanish firm. When MB terminated the contract and demanded arbitration, D&D brought an action in the New York Supreme Court in Chemung County to enjoin the arbitration on……