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Case of the Day: New York State Thruway Authority v. Fenech
The case of the day is New York State Thruway Authority v. Fenech (N.Y. App. Div. 2012). The question was whether service by mail is permissible where the defendant is in Canada. There was no question in the case that New York law permitted service by mail; the question was whether the service also comported……
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Case of the Day: Owen v. Sports Gymnastics Federation of Russia
The case of the day is Owen v. Sports Gymnastics Federation of Russia (D. Me. 2012). The plaintiff, Charles Owen, is acting pro se. I wish him luck—I don’t think anyone should try to pull off a transnational litigation without a good lawyer! The complaint alleges that Owen is the “webmaster” for several “official websites”……
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Case of the Day: Advanced Aerofoil Technologies v. Todaro
The case of the day is Advanced Aerofoil Technologies AG v. Todaro (S.D.N.Y. 2011). The decision doesn’t go over the facts of the case; the complaint was for trade secret misappropriation. Some of the defendants were Americans, others were German or Swiss. The plaintiff sought leave to serve the European defendants by courier (presumably, by……
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ABA Resolves To Encourage US Courts To Respect Foreign Privacy and Data Protection Laws
At its recent meeting, the House of Delegates of the American Bar Association passed a resolution regarding respect for foreign blocking statutes and data protection laws in pretrial discovery in US civil actions. The resolution reads: RESOLVED, That the American Bar Association urges that, where possible in the context of the proceedings before them, U.S.……
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Lago Agrio: A Quick Overview
Let’s take stock of where things stand in the Chevron/Ecuador saga. In this post, I try to review the main fronts of the battle, leaving subsidiary issues (such as the judicial assistance applications, which were what first got me interested in the case) to the side. Is the judgment final and conclusive in Ecuador? The……