Month: December 2017

  • Case of the Day: Schermerhorn v. Israel

    Case of the Day: Schermerhorn v. Israel

    The case of the day is Schermerhorn v. State of Israel (D.C. Cir. 2017). I covered the District Court decision in February 2017. The case is in the “Gaza flotilla lawfare” genre, along with Doğan v. Barak. David Schermerhorn and several others set sail on the Challenger I in 2010 to take part in the……

  • US To Move Its Embassy In Israel To Jerusalem

    US To Move Its Embassy In Israel To Jerusalem

    Update: As of yesterday evening, it appeared that the President would in fact sign another six-month waiver of the law requiring the US embassy to be in Jerusalem but that he would “declare” (I assume the article really means “recognize”) that Jerusalem is Israel’s capital. Who knows if that’s the final view, so this post……

  • Some Thoughts On Consumer Arbitration

    Recently Congress voted to disapprove the Consumer Financial Protection Bureau’s Arbitration Agreements Rule, which would have prohibited agreements to arbitrate in certain consumer financial contracts that bar consumers from participating in class actions. The debate about the Rule was heated. The question at hand was whether it makes sense to allow financial companies to bar……

  • A Calamitous Day

    A Calamitous Day

    Friday was a calamitous day, a punch in America’s gut. I will just mention in passing the guilty plea by former National Security Advisor Michael Flynn to a felony charge of lying to the FBI and the President’s apparent unwitting admission that he tried to obstruct justice by asking the then-FBI Director, James Comey, to……

  • Lago Agrio Court: STJ Rejects Ecuadoran Judgment

    Lago Agrio Court: STJ Rejects Ecuadoran Judgment

    The Chevronologists among you know that the Lago Agrio plaintiffs have tried to obtain recognition of their Ecuadoran judgment in three jurisdictions: Argentina, Brazil, and Canada. The attempt in Argentina failed last month. The proceedings in Canada were rejected by the first instance court in January 2017 but are still on appeal. The LAPs, perhaps……