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Case of the Day: BonSens v. Pfizer
The case of the days BonSens.org v. Pfizer, Inc. (2d Cir. 2024). BonSens is an organization of “concerned scientists, medical doctors, legal experts and citizens.” It brought an action in France seeking to nullify an indemnification clause in an advance purchase agreement Pfizer and BioNTech, manufacturers of COVID vaccines, had made with the European Commission……
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Case of the Day: Voltage Pictures v. Gussi
The case of the day is Voltage Pictures LLC v. Gussi S.A. de C.V. (9th Cir. 2024). Voltage was an LA film production company. Gussi was a Mexican film distributor. The two companies had an agreement for the distribution of Ava in Latin America. Who is Ava, you ask? She is played by Jessica Chastain.……
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Case of the Day: Regal Games v. SellerX Eight
The case of the day is Regal Games, LLC v. SellerX Eight GmbH (S.D.N.Y. 2024). Regal had a contract with SellerX, a German Company, for the sale of its Chalk City line of sidewalk chalk. Regal brought a claim for breach of contract. It asked SellerX to waive service under FRCP 4(d), but SellerX refused.……
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Case of the Day: Defense for Children International v. Biden
The case of the day is Defense for Children International—Palestine v. Biden (N.D. Cal. 2024). Something I’ve seen very often in courtrooms, and read in a lot of decisions, is a tendency for many judges, when they are about to rule against a party, to express a lot of sympathy for the equities on the……
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Case of the Day: In re Aperture Imaging Industries
The case of the day is In re Aperture Imaging Industries Co. (Fed. Cir. 2024). Rotolight sued Aperture for patent infringement in the Eastern District of Texas. Aperture is based in China. Rotolight sought leave under Texas Rule of Civil Procedure 106(b) to serve Aperture by email served on its counsel. The court authorized the……