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Case of the Day: Carney v. Beracha
The case of the day is Carney v. Beracha (D. Conn. 2014). Carney was the court-appointed receiver for Highview Point Partners, LLC. The court had appointed him as receiver in connection with an enforcement action by the Securities and Exchange Commission against Francisco Illarramendi for alleged violation of the federal securities laws. Carney, once appointed,……
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Case of the Day: Firstbank Puerto Rico v. Atlantic Finance Business Corp.
The case of the day is Firstbank Puerto Rico v. Atlantic Finance Business Corp. (D.P.R. 2014). Firstbank sued Atlantic Finance and Leovigildo Perez–Minaya for breach of contract. The defendants were served with process in the Dominican Republic, which is not a party to the Hague Service Convention or the Inter-American Convention.
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Section 1782 and Private Arbitration: An Update
Two recent appellate cases show that the availability of discovery under 28 U.S.C. § 1782 in private international arbitrations is as unsettled as it has been at any time since the Intel decision. I’m not going to review the first case, GEA Group AG v. Flex-N-Gate Corp. (7th Cir. 2014), in any detail. Judge Posner,……
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Case of the Day: In re Application of Kreke Immobilien
The case of the day is In re Application of Kreke Immobilien KG (S.D.N.Y. 2013). Kreke was a German limited partnership. It invested in real estate investment funds offered by Oppenheim, a German bank later purchased by Deutsche Bank. Kreke claimed that Oppenheim had misrepresented the risk of the funds. Kreke sued Oppenheim, but not……
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Atlantic Marine: The Supreme Court on Exclusive Choice of Court Agreements
Yesterday the Supreme Court decided Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas (S. Ct. 2013). Atlantic Marine was a Virginia corporation with its principal place of business in Virginia. It had a contract with the Army Corps of Engineers to build a child development center at Fort……