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Update: The Sedona Conference’s International Principles
In February I posted on the American Bar Association’s resolution encouraging courts to “consider and respect, as appropriate, the data protection and privacy laws of any applicable foreign sovereign” in discovery matters. Now the Sedona Conference has published International Principles on Discovery, Disclosure & Data Protection, which are in the same spirit as the ABA……
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Case of the Day: Willhite v. Rodriguez-Cera
I have a very interesting Hague Service Convention case to report today: Willhite v. Rodriguez-Cera (Colo. 2012). Rex Willhite sued Paulo Rodriguez-Cera, a driver who he alleged rear-ended his car, in the state court in Colorado. Willhite also sued the owner of the car Rodriguez-Cera was driving, Juan Torres. Willhite could not locate Rodriguez-Cera at……
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Update on the Preparations for Work on a Judgments Convention
As many readers will know, the Hague Convention on Choice of Court Agreements, concluded in 2005 but not yet in effect, provides a mechanism, for enforcement of a written choice of court agreement parties make in a civil or commercial matter, and for recognition and enforcement of the judgment that results from litigation in the……
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Case of the Day: Cutting Edge Technologies v. Nosyuiaido
The ultimate goal of an action for damages is collection. The judgment is just a piece of paper, and if you’re the plaintiff you need to have a plan to get from judgment to execution. Today’s case of the day, Cutting Edge Technologies, Inc. v. Nosyuiaido (D. Md. 2012), is a great example. Cutting Edge……
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Case of the Day: Everplay Installation v. Guindon
The case of the day is Everplay Installation, Inc. v. Guindon (10th Cir. 2012). Rolf Huber and Roger J. Guindon had incorporated Everplay in 1993. The articles of incorporation contained an arbitration agreement. After a dispute arose, Everplay and Huber initiated an arbitration against Guindon, which resulted in a 1998 interim award enjoining Guindon from……