Comments on: Case of the Day: DeJoria v. Maghreb Petroleum Exploration

By: Ted Folkman

Ted Folkman — Tue, 28 Sep 2021 14:13:34 +0000

In reply to mounir. Mounir, thanks for the comment. You have picked up on what the Fifth Circuit called the "whiff of home cooking."

By: mounir

mounir — Tue, 28 Sep 2021 12:56:46 +0000

I am not a lawyer or a legal scholar, but from an ethical standpoint, I feel that it is unfair that lobying efforts, after the facts, can change laws and determine a legal case in favor of a rich person/company etc. may be it is naive of me, but it is still not right!

By: Ted Folkman

Ted Folkman — Thu, 22 Aug 2019 02:35:30 +0000

In reply to Bashar H. Malkawi. Thank you for the comment, Bashar. In the context of the Chevron/Ecuador case, I've previously written that as long as a foreign judiciary is not systematically inadequate, it does not make much sense to have case-specific fraud as one of the statutory exceptions to recognition. But that said, the uniform acts include both systematic and case-specific frauds and failures of due process as defenses. Texas was unusual, before the law was amended, in recognizing only one.

By: Bashar H. Malkawi

Bashar H. Malkawi — Wed, 21 Aug 2019 23:21:13 +0000

It is fascinating from a legal perspective to notice how the Federal Circuit Court distinguished between systematic failures of due process and case-specific ones. The systematic one is the one that should prevent enforcement. However, with enactment of the new statue, that important difference is thing of the past. This is an unfortunate change in the law.