-
Lago Agrio: The Guerra Testimony in the Second Circuit
As predicted, Steven Donziger has brought the recently disclosed Guerra testimony to the Second Circuit’s attention. He did so by way of a motion asking the court to take judicial notice of the testimony. What does that mean? Donziger is not asking the court to make any findings about the truth of falseness of Guerra’s……
-
Case of the Day: Amirault v. Ferrari
The case of the day is Amirault v. Ferrari (N.D. Ohio 2015). Darcie Amirault sued Riccardo Ferrari, a resident of Italy, for libel in the Cuyahoga County Court of Common Pleas. Ferrari removed the case to the District Court and moved to dismiss for insufficient service of process. Amirault had served the summons and complaint……
-
Case of the Day: Armadillo Distribution Enterprises v. Hai Yun Musical Instruments
The case of the day is Armadillo Distribution Enterprises, Inc. v. Hai Yun Musical Instruments Manufacture Co. (M.D. Fla. 2015). Armadillo distributes musical instruments to dealers in the US and abroad. In particular, it distributes the ddrum® “Diablo” line of drum kits. It had a contract with Hai Yun, a Chinese company, to manufacture the……
-
Comments on the “Monkey Selfie” Case
When I was a law clerk, a lawyer filed a civil rights action in my judge’s court (the U.S. District Court for the Northern District of Ohio) against an Ohio municipality, several police officers, and Lieutenant Bars. When I read the complaint, I was momentarily confused. Who was Lieutenant Bars? Why, the police dog, of……
-
Case of the Day: National Asset Loan Management v. McCann
The case of the day is National Asset Loan Management, Ltd. v. McCann (Pa. Super. Ct. 2015). NALM sued John McCann in the Irish High Court. McCann resided in Northern Ireland, so NALM sought to serve him with process via the Northern Ireland courts. When that failed, he obtained an order from the Irish courts……