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Breaking News: Second Circuit Vacates Chevron Preliminary Injunction
On Monday, the Second Circuit vacated Judge Kaplan’s preliminary injunction enjoining the Lago Agrio plaintiffs from seeking recognition and enforcement of the Ecuadoran court’s judgment against Chevron. An opinion is to issue in due course. The court’s reasoning is not clear from its brief, two-page order. We have covered the injunction extensively. I initially reported……
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Case of the Day: Scheck v. Republic of Argentina revisited
In the case of the day from June 6, 2011, Scheck v. Republic of Argentina, the district court rejected a challenge by Argentina to service of process in an action to enforce a German judgment brought by unhappy investors in Argentina’s German bonds. Today’s case of the day brings the case to a conclusion (maybe).……
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Case of the Day: Contacare Inc. v. CIBA Vision Corp.
Thank you to Antonin Pribetic of the Trial Warrior Blog for bringing the case of the day, Contacare Inc. v. CIBA Vision Corp. (Ont. Super. Ct. 2011), to light. I would like to give Antonin a laurel and a hardy handshake, as this is the latest in a series of Canadian cases, or US cases……
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Case of the Day: Swezey v. Merrill Lynch
Ferdinand Marcos, the former Philippine president, left behind a trail of human rights and financial litigation in the Philippine and United States courts. In 1972, Marcos organized Arelma, S.A., a Panamanian company, and Arelma deposited $2 million in a brokerage account with Merrill Lynch in New York. By 2000, the account had grown to $35……
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Article of the Day: Christina Weston on “The Enforcement Loophole”
The concern about what Professors Whytock and Robertson have called the transnational access to justice gap is front and center in a new student article in the Emory International Law Review by Christina Weston, called The Enforcement Loophole: Judgment-Recognition Defenses as a Loophole to Corporate Accountability for Conduct Abroad, 25 Emory Int’l L. Rev. 731……