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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: New Prime Inc. v. Oliveiera
I hope my post on Monday didn’t mislead you. I suggested that parties arguing in favor of arbitration generally win in the Supreme Court. But as today’s case, New Prime Inc. v. Oliveira (S. Ct. 2019), shows, they don’t always win. Oliveira was an independent contractor working as a truck driver for New Prime, an……
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Case of the Day: Henry Schein v. Archer & White Sales
They say that a new Supreme Court justice’s first opinion is usually a softball. So the fact that today’s case of the day, Henry Schein, Inc. v. Archer & White Sales, Inc. (S. Ct. 2019), was assigned to Justice Kavanaugh was probably a good indication of how the case was bound to come out: continuing……
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Case of the Day: In re Servotronics
The case of the day is In re Servotronics, Inc. (D.S.C. 2018). In 2016, an engine fire broke out at a Boeing plant in South Carolina. The engine had been manufactured by Rolls Royce. It had a valve manufactured by Servotronics. Boeing made a claim against Rolls Royce, which was settled, and Rolls Royce then……