Month: January 2020

  • Note on Monster Energy v. City Beverages

    Here is a note I wrote with my friend and former partner David Evans on the Ninth Circuit’s decision in the Monster Energy case. Please see the ABA copyright notice at the end. Like judges, arbitrators are paid for their time. Judges, of course, draw a salary from the treasury, while arbitrators are paid by……

  • Case of the Day: Venice PI v. Galbatross Technologies

    The case of the day is Venice PI, LLC v. Galbatross Technologies, LLP (D. Hawaii 2019). The case was for copyright infringement. The relevant defendants were in India. The plaintiff sought a TRO that would have enjoined a domain name registrar not to transfer domain names that the plaintiff alleged were owned by the defendants……

  • Rapporteur on Torture to Common Law: Drop Dead

    The UN Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, Nils Melzer, has sent a letter to the US government asserting that the imprisonment of Chelsea Manning for refusing to testify before a grand jury is “torture or other cruel, inhuman or degrading treatment or punishment.” When I first learned……

  • Case of the Day Behrens v. Arconic

    The case of the day is Behrens v. Arconic, Inc. (E.D. Pa. 2019). The case arose out of the Grenfell Tower tragedy in 2017. The cladding on the building that allegedly exacerbated the fire was manufactured by AAP S.A.S., a French subsidiary of Arconic. In discovery, the plaintiff sought documents that, according to Arconic, were……

  • Case of the Day: Habas Sinai Ve Tibbi Gazlar Istihsal v. International Technology & Knowledge

    The case of the day is Habas Sinai Ve Tibbi Gazlar Istihsal A.S. v. International Technology & Knowledge Co. (W.D. Pa. 2019). The claim was on a sales contract: Habas Sinai claimed that ITK and Intekno Teknoloji Transfer Sanayi Ve Ticaret A.S. failed to deliver goods as agreed, requiring Habas Sinai to buy replacements at……