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Elephant Habeas Case: The NhRP Really, Really Does Not Want To Litigate Happy The Elephant’s Case In The Bronx
Happy the Elephant has very strong views about venue for her, ah, quixotic habeas corpus case. As I noted in December, a judge in Orleans County, New York, ordered the case transferred to the Bronx, where Happy lives at the Bronx Zoo. Recently, Happy has filed a motion to reconsider and a motion for leave…
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Case of the Day: In re Request for Judicial Assistance from the First Instance Court in Civil and Commercial Matters
The case of the day is In re Request for Judicial Assistance from the First Instance Court in Civil and Commercial Matters No. 12 in Buenos Aires, Argentina (M.D. Fla. 2019). An Argentine court requested judicial assistance from the United States under the Hague Evidence Convention in order to obtain bank account statements for a…
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The Emergency Declaration: It’s About Character
As you no doubt know, President Trump signed an emergency declaration on Friday that, he says, allows him to divert money Congress appropriated for other purposes and use it to pay for his wall on the southern border. I have thoughts about the legality of the declaration, but I am not going to discuss the…
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Case of the Day: Brown-Thomas v. Hynie
The case of the day is Brown-Thomas v. Hynie (D.S.C. 2019). James Brown, the hardest working man in show business, died leaving a will that made no provision for his wife, Tommie Rae Hynie, or their son, James Brown II, born in 2001. The two challenged the will and also sought statutory rights as the…
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Lago Agrio: New York Appellate Court Reverses Referee’s Decision on Collateral Estoppel
Back in November I noted a decision in the disciplinary case against Steven Donziger: the referee who was to decide the sanction Donziger will face had ruled that although Judge Kaplan’s findings of fact had had preclusive effect with respect to the question whether Donziger had violated the rules of professional conduct, the findings should…