-
Case of the Day: McCarthy v. Johnson
The case of the day is McCarthy v. Johnson (D.D.C. 2022). The plaintiff had won a $6 million judgment against Michael Heath Johnson, who, she alleged, had bilked her out of millions of dollars in the 1980s, during a particularly vulnerable time for her. The District of Utah had entered judgment by default after Johnson……
-
Case of the Day: Smart Study v. Acuteye
The case of the day is Smart Study Co., Ltd. v. Acuteye-US (S.D.N.Y. 2022). It’s too soon to declare victory, but this is yet another case correctly holding that when the Service Convention applies and the state of destination has objected to service by postal channels, service by email is forbidden. The case involved a……
-
Lago Agrio: District of Columbia Disbars Donziger
The DC Court of Appeals has disbarred Steven Donziger. Donziger may seek review in the Supreme Court, but assuming that he’s unsuccessful—a good bet—the new decision is the end of the line for his attempt to preserve his right to practice law in the United States. The decision was as I predicted in my last……
-
Case of the Day: Preble-Rish Haiti S.A. v. Republic of Haiti
The case of the day is Preble-Rish Haiti S.A. v. Republic of Haiti (5th Cir. 2022). Preble-Rish had a contract for delivery of fuel with the Haitian government. When a dispute arose, it demanded arbitration in New York. Haiti refused to participate, and the parties cross-moved to compel and to stay the arbitration in the……
-
Today’s DIScussion On ZF Automotive
I participated in a panel discussion today of the ZF Automotive case at the DIS, the German Arbitration Institute. It was a pleasure to get to exchange ideas with my colleagues on the panel, Derek Adler of Hughes Hubbard & Reed and Barbara Maucher of Noerr. I was assigned the role of explaining reasons why……