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Case of the Day: In re Berlamont
The case of the day is In re Application of Berlamont (S.D.N.Y. 2014). Franck Berlamont applied for leave to serve a subpoena under § 1782 in order to obtain a transcript of testimony Rajiv Jaitly gave in a deposition in an earlier New York case, Rembaum v. Banco Santander. The deposition had, apparently, taken place……
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Case of the Day: Astronics Advanced Electronic Systems v. Lufthansa
The case of the day is Astronics Advanced Electronic Systems Corp. v. Lufthansa Technik AG (9th Cir. 2014). AES sought discovery from Lufthansa in the Western District of Washington. It was particularly interested in obtaining a license agreement between Lufthansa and an unnamed third party. The discovery was in aid of a litigation pending in……
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Case of the Day: Diag Human v. Czech Ministry of Health
The case of the day is Diag Human S.E. v. Czech Republic Ministry of Health (D.D.C. 2014). Diag Human was a Liechtenstein corporation. Its business, in the late twentieth century, was helping “currency-deficient Eastern Bloc states … acquire modern blood plasma technology.” After the fall of the Berlin Wall, Diag Human began to do business……
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Eugene Volokh’s Amicus Brief In Commonwealth v. Johnson
My partner Dan Lyne and I had the pleasure of acting as local counsel to über-blogger Eugene Volokh, an amicus curiae in Commonwealth v. Johnson an appeal from a Massachusetts cyber-harassment criminal conviction that will be heard by the Supreme Judicial Court early next month. The Johnsons had gotten into a real estate development dispute……
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Case of the Day: Mare Shipping, Inc. v. Squire Sanders (US) LLP
The case of the day is Mare Shipping, Inc. v. Squire Sanders (US) LLP (2d Cir. 2014). The case arose out of the sinking of the Prestige, an oil tanker, off the coast of Spain in 2002, which resulted in a large oil spill. Apostolos Mangouras, the captain of the ship during the accident, had……