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Case of the Day: AIS v. Thoratec
The case of the day is AIS GmbH Aachen Innovative Solutions v. Thoratec LLC (9th Cir. 2019). AIS and Abiomed Europe GmbH sought leave to take discovery under § 1782 in aid of a patent infringement case Abiomed had brought against Thoratec in Germany involving heart pumps. A magistrate judge granted the application and ordered……
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Lago Agrio: Donziger Appeals
Steven Donziger has sought leave to appeal the decision of the Appellate Division holding that Judge Kaplan’s findings that he had corrupted the Ecuadoran judicial process in the Lago Agrio case were preclusive and could not be relitigated in Donziger’s bar discipline case.
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Private International Arbitration And § 1782: Are We Nearer To A Reckoning?
In In re Application and Petition of Hanwei Guo (S.D.N.Y. 2019), the court, following the Second Circuit’s precedent in National Broadcasting Co. v. Bear Stearns & Co., 165 F.3d 184 (2d Cir. 1999), held that a private international arbitral tribunal was not a “tribunal” for purposes of § 1782, and thus it denied an application……
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Case of the Day: Castro v. Tri-Marine Fish
The case of the day is Castro v. Tri-Marine Fish Co. (9th Cir. 2019). Michael Castro, a national of the Philippines who lived in American Samoa, was a deck hand aboard the F/V Captain Vincent Gann. He was seriously injured during the voyage. Tri-Marine transported him to the Philippines and paid his medical expenses and……
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Case of the Day: In re JR
The case of the day is In re JR (Tex. Ct. App. 2019). The Texas Department of Family and Protective Services sought to terminate the parental rights of a father over his child in Texas. The father resided in Mexico. His address was unknown, so the court authorized “service by posting,” which is what Texas……