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The Burden to Show Foreign Sovereign Immunity
Bill Dodge has an excellent post up at the Transnational Litigation Blog that asks who has the burden of demonstrating that a foreign state is, or is not, immune from suit under the doctrine of foreign sovereign immunity. On the one hand, the question seems settled: most circuits, including the DC Circuit and the Second……
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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……
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Case of the Day: Cargill Financial v. Barshchovskiy
The case of the day is Cargill Financial Services International, Inc. v. Barshchovskiy (S.D.N.Y. 2024). Taras Barschchovskiy, described in a Minnesota Star Tribune headline as the “Ukrainian fruit juice kingpin,” was the losing party in an LCIA arbitration brought by Cargill on account of financing Cargill had provided to T.B. Fruit Group, Barshchovskiy’s company. Cargill……
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Regular, Ordinary Justice
“Why are you pushing for criminal charges against students who participated in campus protests? Why do you need your pound of flesh?” A nugget from an article in the Columbia Spectator, Columbia’s student newspaper, explains why American Jews are pushing, not for a pound of flesh, but for regular, ordinary justice. At a meeting of……
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Case of the Day: Spin Master Ltd. v. Aganv
The case of the day is Spin Master Ltd. v. Aganv (S.D.N.Y. 2024). It’s one of these “schedule A” cases brought against a bevy of accused IP infringers abroad. In this case, the claim is for infringement of trademarks related to the Rubik’s Cube, and the plaintiff asserted that the defendants were in China. The……