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Case of the Day: Vita v. New England Baptist
The case of the day is Vita v. New England Baptist Hospital (Mass. 2024). It’s not really a Letters Blogatory case, but it’s super interesting anyway. It involves the Massachusetts Wiretap Act, a law that forbids the secret recording of communications. I have served as arbitrator on cases that have raised claims under the Act……
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Case of the Day: Skillz Platform v. Papaya Gaming
The case of the day is Skillz Platform, Inc. v. Papaya Gaming, Ltd. (SDNY 2024). I’ve written a lot recently about the use of the Evidence Convention to take discovery from non-parties, so I thought I’d write about a case involving discovery from a party, where it’s 100% correct to look at the Aérospatiale analysis.……
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Case of the Day: South32 Chile v. Sumtomo
The case of the day is South32 Chile Copper Holdings Pty Ltd v. Sumitomo Metal Mining Co. (N.Y. Sup. Ct. 2024). The case was for breach of contract; it had to do with “profits realized from operations at a Chilean gold mine.” South32 sought issuance of letters of request to three tax and financial advisory……
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Case of the Day: DraftKings v. Hermalyn
The case of the day is DraftKings Inc. v. Hermalyn (1st Cir. 2024). Hermalyn, who lived in New Jersey, worked for DraftKings, the Boston-based sports betting company. He mostly worked in New Jersey and New York, but he was in Massachusetts for work about once every six weeks. He had an employment agreement with DraftKings,……
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Case of the Day: Nidec Motor Corp. v. Broad Ocean Motor
The case of the day is Nidec Motor Corp. v. Broad Ocean Motor LLC (E.D. Mo. 2024). This is a patent infringement case that was brought in 2013 (!). The defendants are Chinese companies that refused to comply with requests for production under FRCP 34 on the grounds that complying with the requests could cause……