-
Some Initial Thoughts On The Role of Materiality In Recognition and Enforcement Cases
In his recent decision denying Chevron’s motion for summary judgment, Judge Kaplan threw me for a loop by agreeing with me that the Lago Agrio plaintiffs, despite their protestations to the contrary, had pleaded that the Ecuadoran judgment had preclusive effect; finding that the judgment was “tainted” in various apparently significant respects by fraud; and……
-
Update on Naranjo in the Supreme Court
Here is a brief update on Chevron’s petition for a writ of certiorari. SCOTUSBlog has noted Chevron’s petition as one of its petitions of the day. The Briefs Chevron filed its petition on May 25. There are three pending motions for leave to file briefs as amici curiae on behalf of Chevron by: [unordered_list style=”green-dot”]……
-
Case of the Day: Maroc Fruit Board v. M/V Vinson
The case of the day, Maroc Fruit Board, S.A. v. M/V Vinson (D. Mass. 2012), is outside the Letters Blogatory scope of coverage. I’m covering it because it was decided here in Boston. According to the complaint, Maroc Fruit Board, a Moroccan firm doing business in Casablanca, delivered thousands of boxes of fruit to Agder……
-
Breaking: A Close Call For The Lago Agrio Plaintiffs As Judge Kaplan Denies Chevron’s Motion for Partial Summary Judgment
There was little question that Judge Kaplan’s decision on Chevron’s motion for partial summary judgment would have unhappy things to say about the Lago Agrio plaintiffs. Judge Kaplan’s decision lives up to expectations, taking the Lago Agrio plaintiffs to task in just about every way. But somewhat to my surprise, Judge Kaplan denied Chevron’s motion,……
-
Case of the Day: Sanchez v. Metro Builders Corp.
The case of the day is Sanchez v. Metro Builders Corp. (N.Y. Sup. Ct. 2012). Juan Sanchez was injured when working on a construction site in Poughkeepsie, New York. He testified that he had no memory of the circumstances of the accident. His uncle, Franklin Lituma, was an eyewitness to the accident and his testimony……