-
Case of the Day: Corporación Mexicana de Mantenimiento Integral v. PEMEX-Exploración Y Producción
The case of the day is Corporación Mexicana de Mantenimiento Integral v. PEMEX-Exploración Y Producción (S.D.N.Y. 2013). PEMEX Exploración y Produccion (“PEP”) was a subsidiary of the Mexican state-owned petroleum company, PEMEX. COMMISA was a Mexican subsidiary of KBR, Inc. In 1997, PEP and COMMISA entered into a contract for the construction of two offshore……
-
Lago Agrio: Judge Kaplan Denies Chevron’s Motion to Bifurcate
On September 8, Chevron purported to waive all claims for money damages against the Lago Agrio Plaintiffs in the impending New York trial. Chevron said it intended to seek only equitable relief from the LAPs. If you’re not an American lawyer, you may wonder why Chevron would do this. The answer is that under the……
-
Case of the Day: Jerez v. Republic of Cuba
The case of the day is Jerez v. Republic of Cuba (D.D.C. 2013). In 2005, Nilo Jerez sued Cuba and various government officials and agencies, including Fidel and Raul Castro, alleging that he had been tortured in a Cuban prison in the early 1970s. He obtained a default judgment in a Florida state court, and……
-
Case of the Day: In re Sinohub Securities Litigation
The case of the day is In re Sinohub Securities Litigation (S.D.N.Y. 2013). The lead plaintiff, Ellsworth Investments Ltd., sought leave under FRCP 4(f)(3) to serve three of the individual defendants, Henry T. Cochran, Daniel Chi Keung Lui, and Lei Xia, by service on Sinohub’s lawyer in Boston. All three of the individual defendants were……
-
Case of the Day: Trout Point Lodge v. Handshoe
The case of the day is Trout Point Lodge, Ltd. v. Handshoe (5th Cir. 2013). It is, as far as I know, the first federal appellate decision to focus on the SPEECH Act in a major way. Readers may want to refer to overview post of the Act. In short, the Act creates a rule……