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Case of the Day: Constellation Energy Commodities Group v. Transfield ER Cape Ltd.
The case of the day is Constellation Energy Commodities Group Inc. v. Transfield ER Cape Ltd. (S.D.N.Y. 2011).It raises the question whether forum non conveniens should be a defense to a petition to confirm an arbitral award. I think the answer should be no. Constellation was a Maryland corporation, and Transfield ER Cape Ltd. was……
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Case of the Day XCentric Ventures, LLC v. Karsen, Ltd.
The case of the day, XCentric Ventures, LLC v. Karsen, Ltd. (D. Ariz. 2011), is another example of a plaintiff’s ex parte motion to approve its efforts to serve process on the defendants. As I have previously commented, I question whether these kinds of motions are justiciable—why should the court give what is essentially an……
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The Access To Justice Gap In Transnational Litigation
HT to Jacob Katz Cogan for a pointer to a new paper by Christopher A. Whytock and Cassandra Burke Robertson, Forum Non Conveniens & The Enforcement of Foreign Judgments, now available on SSRN. Those of you who are following the Lago Agrio litigation will know that when the Ecuadorian plaintiffs first sued Texaco, they sued……
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Case of the Day: In re Toft
Today’s case of the day, In re Toft (Bankr. S.D.N.Y. 2011), involves attempts by the creditors of Dr. Jürgen Toft, a celebrity knee surgeon in Munich, to obtain recognition and enforcement of a “Mail Interception Order” granted by a German insolvency court, which would, in effect, give the administrator of Toft’s bankruptcy estate in Germany……
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Suing The US On A Debt
A tongue-in-cheek look at the debt limit crisis, reprinted from the last crisis in 2011. One thing is for certain: there is no stopping them; the Treasury bondholders will soon be here. And I for one welcome our new creditor overlords. I’d like to remind them that as a trusted commentator on judicial assistance, I……