Category Archives: Subpoena

Case of the Day: Probulk Carriers v. Marvel International

The case of the day is Probulk Carriers Ltd. v. Marvel International Management and Transportation (S.D.N.Y. 2016). The underlying case was for breach of a charter party. Arbitration in London yielded an award in favor of Probulk, and the court in New York had entered a default judgment recognizing and enforcing the award and providing for damages of more than $12 million. Marvel was a Turkish firm; one of its principals was the father of Tolga Karacelik, a Turkish citizen who lived in Turkey.
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Belfast Project: A New Subpoena To Boston College

Update: According to the BBC, McIntyre means to bring an action in the High Court in Belfast to try to stop the latest subpoena.

The US government, acting pursuant to the US/UK mutual legal assistance treaty, has apparently obtained an order from the District Court in Boston for issuance of a subpoena to Boston College in the Belfast Project case. We can glean from the new subpoena that the UK authorities are investigating charges including attempted murder, illegal possession of explosives, conspiracy, illegal possession of an imitation firearm, and membership in a proscribed organization. On their behalf, the US government is seeking the recordings of interviews of Anthony McIntyre (that is, interviews in which he is the person interviewed, not interviews in which he was the interviewer).
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Case of the Day: In re Petrobras

The case of the day is In re Petrobras Securities Litigation (S.D.N.Y. 2016). The action involves investors’ claims of losses due to a bribery and kickback scandal involving Petrobras, a Brazilian oil company. The plaintiffs sought approval from the court to serve a subpoena on Mauro Gentile Rodrigues da Cunha, a former Petrobras independent director. Mr. da Cunha was apparently in Brazil. However, he was born in Philadelphia and was therefore a United States national unless someone could prove by a preponderance that he had lost his US citizenship, and no one tried.
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