Month: May 2018

  • Case of the Day: Wyndham Hotel v. 683079 Ontario

    The case of the day is Wyndham Hotel Group Canada ULC v. 683079 Ontario Ltd. (D.N.J. 2018). The case was for breach of a franchise agreement. Wyndham had served the summons on the defendant by mail in Ontario, and it then sought a default judgment.

  • Sheriffs’ Tomfoolery

    The New Yorker had an interesting article last week on the so-called “constitutional sheriffs” movement. The article focused on the Constitutional Sheriffs and Peace Officers Association, which claims about five thousand members, including Nick Finch, the sheriff of Liberty County, Florida: C.S.P.O.A. members believe that the sheriff has the final say on a law’s constitutionality……

  • Proving Chinese Law: Deference to the Submissions from Chinese Government?

    Longtime friend of Letters Blogatory Jie Huang, senior lecturer in the University of New South Wales Faculty of Law, has a short piece on cases in which non-US courts have considered what deference to give to Chinese interpretations of Chinese law. This is obviously of interest in light of the Animal Science Products case. The……

  • Lago Agrio: Donziger Responds to Contempt Motion

    Steven Donziger, the LAPs’ lead American lawyer, has now responded to Chevron’s motion for an order finding him in contempt of court. The response covers two basic topics: the shares in Amazonia, a Gibraltar company set up to disburse proceeds of the Ecuadoran judgment; and Donziger’s attempt to sell an interest in the Ecuadoran judgment……

  • Case of the Day: Masillionis v. Silver Wheaton Corp.

    The case of the day is Masillionis v. Silver Wheaton Corp. (C.D. Cal. 2018). The case was for securities fraud. Silver Wheaton was a Canadian corporation whose shares traded on the NYSE. Masillionis claimed that Silver Wheaton had failed to disclose to investors a risk that Canada’s tax authority could reassess its tax liability for……