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Another Front In the Lago Agrio Case
For the second time in a week, one of my posts has been overtaken by events: Investment Arbitration Reporter (subscription required) has reported that the tribunal canceled an upcoming hearing in a way that made it pretty clear that it had decided the merits of the jurisdictional issue in favor of the United States. I’ll……
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Case of the Day: Changzhou Amec Eastern Tools & Equipment v. Eastern Tools & Equipment
The case of the day, Changzhou Amec Eastern Tools & Equipment Co. v. Eastern Tools & Equipment, Inc. (C.D. Cal. 2012), is a rare and disturbing case—the judge refused to confirm an international arbitral award after finding that the respondent had been forced to sign the arbitral agreement under duress. Eastern Tools, a California corporation,……
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Breaking: First Circuit Denies Rehearing In Belfast Project Case
As expected, the First Circuit has denied Moloney & McIntyre’s petition for a hearing by the panel or en banc in the Belfast Project case. There was no dissent. Moloney & McIntyre have already signaled their intention to file a petition for a writ of certiorari in the Supreme Court. For those of you wanting……
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Case of the Day: Kowalski v. Anova Food, LLC
The case of the day is Kowalski v. Anova Food, LLC (D. Hawaii 2012). Kowalski and Hawaii International Seafood, Inc. sued Cleasrsmoke Technologies, Ltd., a Malta corporation. The plaintiffs first attempted service by email to Clearsmoke’s lawyer on the mainland, and then by personal delivery to Clearsmoke’s Hawaii lawyer. But in either case did Kowalski……
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Case of the Day: Feliz v. MacNeill
The case of the day is Feliz v. MacNeill (1st Cir. 2012). The decision is by Justice Souter, who sometimes sits by designation on First Circuit panels. Dr. Briain MacNeill, a physician, treated Santa Encarnacion a few days before her death, and her administratrix, Sobeida Feliz, sued him for medical malpractice. Feliz sued in the……