-
Lago Agrio: Court Holds Donziger Liable For More Than $800,000 In Costs
One of the worst things about losing a civil action is that your victorious opponent can seek to recover its costs. Talk about being kicked when you’re down! In the United States, unlike in many other jurisdictions, “costs” do not include attorney’s fees. In general, each side bears its own lawyer’s fees. But you can……
-
Case of the Day: Inversiones Papaluchi v. Superior Court
The case of the day is Inversiones Papaluchi S.A.S. v. Superior Court (Cal. Ct. App. 2018). The case arose out of helicopter accident in Colombia in 2011. The defendants brought a cross-complaint against Inversiones Papaluchi, a Colombian entity. Colombia is a party to the Hague Service Convention and has not objected to service by postal……
-
Sovereign Immunity of Foreign Central Bank Assets
Professor Ingrid Wuerth introduces her new paper on the sovereign immunity of foreign central bank assets in today’s post. I agree with Professor Wuerth about the risk of a loss the US faces before the International Court of Justice, and I would only add the following observation: even in the age when our hegemony was……
-
Case of the Day: AlbaniaBEG Ambient v. Enel
The case of the day is AlbaniaBEG Ambient Sh.p.k. v. Enel S.p.A. (N.Y. App. Div. 2018). I wrote about a related procedural decision in March 2016. AlbaniaBEG was the Albanian subsidiary of Becchetti Energy Group S.p.A., an Italian firm. The defendants, Enel S.p.A. and Enelpower S.p.A., are also Italian companies; Enel is Italy’s largest power……
-
Case of the Day: Ben-Haim v. Edri
The case of the day is Ben-Haim v. Edri (N.J. Super. Ct. App. Div. 2018). Sharon and Oshrat Ben-Haim, two Jewish Israelis, were married in Israel in 2008. Before and after the wedding, they lived in New Jersey. They had a daughter after the marriage, who was born in New Jersey. When the family traveled……