-
Case of the Day: Batbrothers LLC v. Paushok
The case of the day is Batbrothers LLC v. Paushok (N.Y. Sup. Ct. 2018). Batbrothers had a $25 million judgment against Sergey Viktorovich Paushok from a Russian court. It sought recognition and enforcement in New York and moved for summary judgment. Paushok defended on grounds of lack of standing, a supposed lack of finality of……
-
Case of the Day: Reflex Media v. Apiriliaco
The case of the day is Reflex Media, Inc. v. Apiriliaco, Ltd. (9th Cir. 2018). The case illustrates nicely the distinction drawn in Water Splash v. Menon between methods of service that the Hague Service Convention authorizes, and methods of service that the Convention merely permits. Reflex served process on Apiriliaco in Cyprus via mail—sent……
-
Elephant Habeas Case Proceeds
A judge has issued an order to show cause why Happy, the elephant, is not entitled to relief on a writ of habeas corpus. In habeas cases there are procedures for denying petitions at an early stage, without issuing the writ, and the judge’s failure to do so here makes me sad. I’m not going……
-
Lago Agrio: Evidentiary Hearing Stayed
A week or two ago I noted an upcoming attorney disciplinary hearing at which, it seemed, Steven Donziger would have the opportunity to make a factual showing in an attempt to undercut Judge Kaplan’s findings of fact. I opined that the decision by a referee to allow the hearing was probably an error, but that……
-
Brazil Accedes to the Service Convention
Brazil has acceded to the Hague Service Convention. This is a boon to US lawyers, since from a practitioner’s perspective the Hague Convention is much more user-friendly than the Inter-American Convention. As of today, there do not appear to be any declarations or objections accompanying the accession. It’s heartening to see Brazil take such a……