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Case of the Day: Mead Johnson & Co. v. Lexington Insurance Co.
The case of the day is Mead Johnson & Co. v. Lexington Insurance Co. (S.D. Ind. 2012). Mead and PBM Products were competitors in the infant formula business. PBM claimed that Mead was guilty of false advertising. It won a $13.5 million judgment against Mead in 2009, which the Fourth Circuit affirmed in 2011. Mead……
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Did The Second Circuit Get It Right?
My first post on the Second Circuit’s blockbuster decision in the Chevron/Ecuador case highlighted the court’s emphasis on comity as a reason not to enjoin recognition and enforcement actions in other countries. I think the court got this 100% right. Thus I agree that Judge Kaplan’s injunction was improper. But I also noted that I……
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Chevron Soundly Defeated In The Second Circuit: Chevron Corp. v. Naranjo
What a film this will make someday! The Second Circuit handed Chevron a major defeat today in its efforts to avoid enforcement of the multi-billion dollar judgment against it in Ecuador and vindicated the international comity concerns that have been at the heart of the criticisms I and many others have leveled at Judge Kaplan’s……
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Case of the Day: Century Indemnity Co. v. Certain Underwriters at Lloyd’s
The case of the day is Century Indemnity Co. v. Certain Underwriters at Lloyd’s of London (S.D.N.Y. 2012). Century, a Pennsylvania insurer, had a reinsurance agreement with certain reinsurers in the London Market in 1968. The reinsurance agreement covered certain asbestos claims. In 2001, the reinsurers imposed new documentation requirements for claims made under the……
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Reply to Chris Bray
Thanks to Chris Bray for the thoughtful post on the Belfast Project case. I want to respond with some thoughts about the law of evidence and the law of civil disobedience that Chris’s comments have prompted. Why It Might Make Sense To Reject An “Oral Historian’s Privilege” I’ve said before that I think the question……