-
Evidence Convention: Swiss Practice May Be Changing
The Swiss government has published a draft bill that, if enacted, would authorize Switzerland to modify its declarations under Article 15 to 17 of the Evidence Convention to give its permission generally for willing witnesses to be questioned in foreign proceedings by telephone or video conference. By way of background, Chapter 2 of the Convention……
-
Case of the Day: Fleites v. Mindgeek
The case of the day is Fleites v. Mindgeek SARL (C.D. Cal. 2022). The plaintiff, a victim of child sex abuse, accused the defendants of soliciting and monetizing her “child sexual abuse material.” The decision isn’t clear on this, but I assume this means that the defendants somehow sold images or videos of the abuse.……
-
Letters Blogatory: Still Against Abolishing The Leap Second
In her prologue to The Human Condition, written at the dawn of the space age, Hannah Arendt wrote: The earth is the very quintessence of the human condition, and earthly nature, for all we know, may be unique in the universe in providing human beings with a habitant in which they can move and breathe……
-
Case of the Day: McCarthy v. Johnson
The case of the day is McCarthy v. Johnson (D.D.C. 2022). I wrote about the last round a few months ago. Decades ago, Helen McCarthy sued Michael Heath Johnson in the District of Utah, alleging that he had converted her property, including an ownership stake in the Salt Lake Tribune and real property in Bel……
-
Case of the Day: In re Alpene
The case of the day is In re Alpene, Ltd. (E.D.N.Y. 2022). Alpene, a Hong Kong corporation, had a treaty arbitration claim against Malta, and it arbitration under ICSID arbitration. It sought discovery from Elizabeth McCaul, a New Yorker, under Section 1782. The case raises a question left open in the Supreme Court’s ZF Automotive……