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In re Application of Mesa Power Group, LLC: Is It Constitutional for a Magistrate Judge To Decide A Section 1782 Application?
The case of the day is In re Application of Mesa Power Group, LLC (D.N.J. 2013), the third installment in the case that we have considered. The new decision takes a view on some non-trivial issues (notably, it holds that a NAFTA arbitration is a proceeding before a foreign or international tribunal for purposes of……
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Case of the Day: Marker Völkl (International) GmbH v. Epic Sports International, Inc.
The case of the day is Marker Völkl (International) GmbH v. Epic Sports International, Inc. (S.D.N.Y. 2013). Marker Völkl, a Swiss corporation, had a license agreement with Epic, a Nevada corporation, under which Epic distributed Marker Völkl’s tennis equipment. In a separate agreement, Capstone Business Credit, LLC, a New York company, guaranteed Epic’s performance of……
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Case of the Day: Magi XXI, Inc. v. Vatican City State
The case of the day is Magi XXI, Inc. v. Stato della Città del Vaticano (2d Cir. 2013). The Vatican Office of Publications, an instrumentality of the Vatican City State, entered into a license agreement with Second Renaissance, LLC, under which it granted Second Renaissance the right to produce and market products based on reproductions……
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Lago Agrio: Magistrate Judge Allows High-Level Chevron Depositions To Proceed
Update (5/10/13): Right on cue, Chevron has filed the objections to the magistrate judge’s decision that I predicted. Update (5/15/13): Judge Kaplan has overruled Chevron’s objection to the magistrate judge’s decision. A big development in the Lago Agrio case yesterday … Magistrate Judge James C. Francis IV has approved the Lago Agrio plaintiffs’ bid to……
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Case of the Day: St. Ventures v. KBA Assets & Acquisitions
The case of the day is St. Ventures, LLC v. KBA Assets & Acquisitions, LLC (E.D. Cal. 2013). St. Ventures sued KBA, Ben Fenfield, Asset Placement Ltd., Susan Gillis, Paul Windwood, and Bank of America, claiming that “the defendants obtained a bond owned by St. Ventures through fraudulent means.” Asset Placement Ltd. was a UK……