I’m happy to welcome a new guest-poster and fellow blogger, Nathan Park of Kobre Kim, who brings us a short discussion of Cunningham v. Cunningham (M.D. Fla. 2017). Welcome, Nathan!
This case follows a proceeding in which plaintiff ex-wife sued the defendants ex-husband and his current wife, in order to secure return of the child between ex-wife and ex-husband from U.S. to Japan, back to ex-wife’s custody. The court previously ordered the child to be returned to the ex-wife pursuant to Hague Convention on Child Abduction. On the day the ex-wife was supposed to be on the flight back to Japan with a child, the defendants filed the motion to stay the order.
The court denied the stay motion, noting that the ex-wife and the child likely left the United States already. Further, the court found the stay motion to be an attempt to re-litigate the previous proceeding.
Continue reading Case of the Day: Cunningham v. Cunningham
The case of the day is Nanko Shipping, USA v. Alcoa, Inc. (D.C. Cir. 2017). It’s our second FSIA-themed case from the DC Circuit in two days, and it’s the appeal from the case of the day in June 2015. Here was my description of the facts:
Continue reading Case of the Day: Nanko Shipping v. Alcoa
The case of the day is CE Design Ltd. v. HealthCraft Products, Inc. (Ill. App. Ct. 2017). CE Design, a now-defunct Illinois business, brought a class action in Chicago against HealthCraft, an Ontario business, alleging that HealthCraft had sent it and other class members unsolicited faxes. HealthCraft tendered the defense of the case to its liability insurer, ING, a Canadian insurer. ING reserved its rights while it investigated the claim. In the meanwhile, HealthCraft hired its own counsel and agreed to a settlement with CE Design for $543,000 and assignment to CE Design of all of HealthCraft’s claims against ING. The Illinois court approved the settlement without prior notice to ING and entered a consent judgment.
Continue reading Case of the Day: CE Design v. HealthCraft Products