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Digest for January 26, 2011
We have a little catching up to do, so here is a digest of a couple of recent cases that are probably not going to get top billing as cases of the day. In re Application of Inversiones y Gasolinera Petroleos Venezuela, Civ. A. No. 08-20378 (S.D. Fla. Jan. 19, 2011). Like Chevron Corp. v. Berlinger, the……
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Noteworthy Article on Arbitration and the Judicial Assistance Statute
Kudos to Jenna Godfrey of American Univerity Law School on her new article, Americanization of Discovery: Why Statutory Interpretation Bars 28 U.S.C. § 1782(a)’s Application In Private International Arbitration Proceedings, 60 Am. U. L. Rev. 475 (2010), which has just been posted on Westlaw. Godfrey makes a sound argument that the foreign arbitral tribunals should……
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Case of the Day: International Trading & Industrial Investment Co. v. Dyncorp Aerospace Technology
The case of the day, International Trading & Indus. Inv. Co. v. DynCorp Aerospace Tech., No. 09-791 (D.D.C. Jan. 21, 2011), is Judge Walton’s second opinion on confirmation of an international arbitral award in a week. Way to go, Judge Walton! DynCorp was a logistics and security contractor for the U.S. military in Qatar. International……
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Case of the Day: Heraeus Kulzer, GmbH v. Biomet, Inc.
Germany is one of the jurisdictions most implacably opposed to U.S.-style pretrial discovery in civil cases, or so it seems to me. Hence the irony of Heraeus Kulzer, GmbH v. Biomet, Inc., No. 09-2858 (7th Cir. Jan. 24, 2011), our case of the day, where a German firm suing an American firm in Germany for……
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From the Blogatory Meteorology Desk
I’m putting together a Hague Service Convention application for Bermuda today for a pending case in the D. Mass. And it was 5F / -15C while I waited for my train in Boston this morning. Which leads to my modest proposal for a new requirement under the Convention: when the temperature in the sending state……