Month: March 2017

  • Water Splash: Reaction to the Oral Argument

    Here is the transcript of the oral argument in the Water Splash case. Nothing in the transcript makes me want to revise the view I gave earlier this week about the likely outcome of the case. It still seems likely to me that the case will come out in the petitioner’s favor, and my best……

  • Case of the Day: Nanko Shipping v. Alcoa

    The case of the day is Nanko Shipping, USA v. Alcoa, Inc. (D.C. Cir. 2017). It’s our second FSIA-themed case from the DC Circuit in two days, and it’s the appeal from the case of the day in June 2015. Here was my description of the facts:

  • Water Splash: My Prediction

    Okay, one last thought on the Water Splash case, which is being argued tomorrow. My skill at prediction has proved poor again this year during the NCAA tournament, but maybe I can do a little better in predicting the outcome of this case. After all, there are at most nine possible vote totals in the……

  • Case of the Day: Doe v. Ethiopia

    The case of the day is Doe v. Federal Democratic Republic of Ethopia (D.C. Cir. 2017). This is the appeal from a case of the day from June 2016. Here was my statement of the facts from then:

  • Case of the Day: CE Design v. HealthCraft Products

    The case of the day is CE Design Ltd. v. HealthCraft Products, Inc. (Ill. App. Ct. 2017). CE Design, a now-defunct Illinois business, brought a class action in Chicago against HealthCraft, an Ontario business, alleging that HealthCraft had sent it and other class members unsolicited faxes. HealthCraft tendered the defense of the case to its……