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Belfast Project: Is A Petition For An En Banc Rehearing A Waste Of Time?
I previously opined that Moloney & McIntyre’s next move was likely to be a petition for a rehearing en banc, and M&M have confirmed my prediction, though they have not yet filed their petition. And so I took a look at the rules for en banc rehearings in the First Circuit. What I found suggests……
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Magistrate Judge Recommends Transfer of Patton Boggs’s Case To New York
After the Second Circuit vacated Judge Kaplan’s preliminary injunction (which, recall, had enjoined the Lago Agrio plaintiffs from seeking to enforce the Ecuadoran judgment against Chevron anywhere in the world), Patton Boggs, the law firm representing the plaintiffs, sued Chevron in New Jersey for damages arising out of the now-vacated injunction. Its main theories were……
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Case of the Day: Thai-Lao Lignite v. Laos
The case of the day is Thai-Lao Lignite (Thailand) Co. v. Government of the Lao People’s Democratic Republic (2d Cir. 2012). We first saw the case in my post of August 25, 2011. I have also reported on two related cases under 28 U.S.C. § 1782, one a request for judicial assistance to obtain discovery……
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Belfast Project: The Government Files Its Brief
The government has now filed its brief in opposition to Boston College’s appeal. The basic argument is simple: the College’s appeal is foreclosed by the Court’s recent decision disposing of Moloney & McIntyre’s appeal: Boston College’s argument is untenable after In re: Request, which squarely rejected the claim that First Circuit precedent addressing confidential academic……
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Case of the Day: Ingaseosas v. Aconcagua
The case of the day is Ingaseosas International Co. v. Aconcagua Investing Ltd. (11th Cir. 2012). We first saw the case way back in February 2011. Here was my description of the facts from the earlier post: Ingaseosas and Aconcagua were both British Virgin Islands firms. They entered into a stock purchase agreement concerning shares……