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Lago Agrio: Evidentiary Hearing Stayed
A week or two ago I noted an upcoming attorney disciplinary hearing at which, it seemed, Steven Donziger would have the opportunity to make a factual showing in an attempt to undercut Judge Kaplan’s findings of fact. I opined that the decision by a referee to allow the hearing was probably an error, but that……
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Brazil Accedes to the Service Convention
Brazil has acceded to the Hague Service Convention. This is a boon to US lawyers, since from a practitioner’s perspective the Hague Convention is much more user-friendly than the Inter-American Convention. As of today, there do not appear to be any declarations or objections accompanying the accession. It’s heartening to see Brazil take such a……
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Cert. Watch: Kiobel v. Cravath
I’m keeping an eye on the new cert. petition in Kiobel v. Cravath, Swaine & Moore LLP. This was the case where a plaintiff had sought to use § 1782 to obtain documents from its opponent’s (Royal Dutch Shell’s) US law firm (Cravath) that had previously been produced, for use in US litigation, subject to……
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Case of the Day: Davis v. Zhou Liang
The case of the day is Davis v. Zhou Liang (W.D. Wash. 2018). Michael Davis was a passenger on a bus in Washington and was injured in an accident in which Zhou Liang, a resident of China, allegedly was at fault. According to an earlier order, Davis first sued Liang in the state court, and……
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Case of the Day: Nike v. Wu
The case of the day is Nike, Inc. v. Wu (S.D.N.Y. 2018). Nike and Converse, the shoe companies, brought trademark infringement cases against hundreds of online retailers. These actions resulted in a default judgment for $1.8 billion, which perhaps will not turn out to be worth the paper it was printed on. The companies assigned……