Month: August 2013

  • Case of the Day: Richardson v. Attorney General of the BVI

    The case of the day is Richardson v. Attorney General of the British Virgin Islands (D.V.I. 2013). Meaghan and Cyril Richardson were passengers on a powerboat that was stopped by a BVI customs official, who claimed that they were in BVI waters (the Richardsons claimed they were in US waters) and ordered them to leave […]

  • Deposing Third Party Witnesses in Germany: The Same, but Different

    Peter Bert follows up on his post from last week about the practice under the Hague Evidence Convention in Germany. For American lawyers, it’s obviously important to understand what will happen once your letter of request makes its way to Germany. But it’s also important to bear in mind how the US court will treat […]

  • Case of the Day: Flo Rida v. Mothership Music

    The name of today’s case of the day, Flo Rida v. Mothership Music Pty Ltd. [2013] NSWCA 268, is perfect. Flo Rida is an American rapper. He had a contract to perform at the Fat As Butter music festival in Newcastle, New South Wales, in 2011. He didn’t perform, and the festival’s organizer, Mothership Music, […]

  • Case of the Day: NML Capital v. Argentina

    The case of the day is NML Capital, Ltd. v. Republic of Argentina (2d Cir. 2013). Just by way of background, here is my brief overview from my October 2012 post on the Second Circuit’s first decision in the case: When Argentina restructured its debt, it enacted law treating the bonds of investors who did […]

  • Pre-Trial Discovery under the Hague Evidence Convention: Is Germany’s Position Softening?

    Peter Bert is back with a report of an interesting development—or hint of a development—in how the German courts think about requests for the production of documents. This is cross-posted at Peter’s blog. A recent Frankfurt case raises this issue: Germany has declared “that it will not execute Letters of Request issued for the purpose […]