Month: March 2021

  • Lago Agrio: Second Circuit Affirms Donziger’s Pretrial Conditions of Release

    In a non-precedential decision, the Second Circuit has affirmed the district court’s order denying Steven Donziger’s motion for relief from the conditions of his pretrial release, which has amounted to home confinement (with exceptions) while he awaits trial in May on the charges of criminal contempt. If you want to read bombastic takes on the decision, you […]

  • What’s In A Name? New Rules For The HCCH Conventions

    Readers, I would like to invite you to participate with me in what may be a Sisyphean task—to change the names we give to the HCCH conventions when we speak or write about them. Instead of calling it the “Hague Service Convention,” or, heaven forbid, the “Convention of 15 November 1965 on the Service Abroad […]

  • Case of the Day: Ford v. Montana

    The case of the day is Ford Motor Co. v. Montana Eighth Judicial District Court (S. Ct. 2021). It’s a personal jurisdiction decision that keeps the law from going off the rails but also may be important in its future implications. The case involved a car accident that took place in one US state, the state where […]

  • Yet Another Servotronics Update: Tribunal Declines To Continue Hearing

    Okay, here is yet another Servotronics update, occasioned by an intrepid reader who sent me a copy of the Third Interim Award in the underlying arbitration. Servotronics had sought an adjournment of the hearing, now scheduled for May 2021, but the court denied the request. Check out paragraph 23: For completeness, we should add that the Respondent […]

  • Supreme Court Grants Cert. In Servotronics Case

    Today the Supreme Court granted the petition for a writ of certiorari in the Servotronics case. This is the case that will (we hope!) address the most significant outstanding circuit split in Section 1782 practice today: does the statute allow the federal courts to order discovery in the United States in aid of a private international arbitration […]