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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……
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What’s Next In The Belfast Project Case?
While we wait for the hearing in the U.S. Court of Appeals for the First Circuit, it seems clear that the field of battle is going to shift from the courts here in Boston to Washington. McIntyre and Moloney have been lobbying on the issue, and they have garnered some support from Senator John Kerry.……
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Case of the Day: Tracfone Wireless, Inc. v. Bitton
In October 2011, we considered TracFone Wireless v. Doe (S.D. Fla. 2011), a decision I called “one of those rare cases that is so wrong that I hope it does not get into the F. Supp.2d, so as to avoid misleading lawyers.” The October decision authorized service of a subpoena by mail in Canada for……