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Lago Agrio: Donziger’s Cert. Petition
Steven Donziger has filed his petition for a writ of certiorari seeking Supreme Court review of the Second Circuit’s decision affirming Judge Kaplan’s decision in the RICO case. One point of immediate interest: until now, Donizger and the LAPs have been separately represented. Now, Donziger’s lawyer, Deepak Gupta, represents one of the LAPs, too, and……
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Book of the Day: General Principles of Law and International Due Process
Readers, I’ve been meaning for a while to call to your attention a new book by friend of Letters Blogatory Charles T. Kotuby Jr. and Luke A. Sobota: General Principles of Law and International Due Process: Principles and Norms Applicable in Transnational Disputes. Most of the book has to do with the substantive law—the requirement……
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Kvetch of the Day: the FSIA and the Clerks
Okay, here is my kvetch of the day. I have a new FSIA case in a district that does not hear many FSIA cases. Under the FSIA, a foreign sovereign has sixty days, rather than twenty-one days, to answer a complaint. The clerk issued the ordinary twenty-one day summons, which was expected. I spoke with……
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Case of the Day: Livnat v. Palestinian Authority
The case of the day is Livnat v. Palestinian Authority (D.C. Cir. 2017). In 2011, Ben-Yosef Livnat was killed, and Yitzhak and Natan Safra were wounded, in a terrorist attack at Joseph’s Tomb, a holy site in Nablus. The Livnat and Safra families sued the Palestinian Authority, alleging that the terrorists in the incident were……
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Case of the Day: Cerner Middle East v. Al-Dhaheri
The case of the day is Cerner Middle East Ltd. v. Al-Dhaheri (D. Mass. 2017). Cerner was a Cayman Islands company with its offices in Missouri. Ahmed Dhaheri was a UAE citizen living in Abu Dhabi. He was one of the two members of iCapital LLC, a UAE company. In 2008, iCapital made a contract……