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October 7, 2024
It has been one year since the October 7 atrocities. Hamas still holds 101 hostages in Gaza. For a year, the malice of some towards Israel and the Jewish people, the willful, gleeful distortions of history, and the hypocrisy of national, international, academic, humanitarian, and journalistic institutions has been on full display. Just as in……
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Case of the Day: DraftKings v. Hermalyn
The case of the day is DraftKings Inc. v. Hermalyn (1st Cir. 2024). Hermalyn, who lived in New Jersey, worked for DraftKings, the Boston-based sports betting company. He mostly worked in New Jersey and New York, but he was in Massachusetts for work about once every six weeks. He had an employment agreement with DraftKings,……
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The Burden to Show Foreign Sovereign Immunity
Bill Dodge has an excellent post up at the Transnational Litigation Blog that asks who has the burden of demonstrating that a foreign state is, or is not, immune from suit under the doctrine of foreign sovereign immunity. On the one hand, the question seems settled: most circuits, including the DC Circuit and the Second……
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Case of the Day: Nidec Motor Corp. v. Broad Ocean Motor
The case of the day is Nidec Motor Corp. v. Broad Ocean Motor LLC (E.D. Mo. 2024). This is a patent infringement case that was brought in 2013 (!). The defendants are Chinese companies that refused to comply with requests for production under FRCP 34 on the grounds that complying with the requests could cause……
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Case of the Day: Cargill Financial v. Barshchovskiy
The case of the day is Cargill Financial Services International, Inc. v. Barshchovskiy (S.D.N.Y. 2024). Taras Barschchovskiy, described in a Minnesota Star Tribune headline as the “Ukrainian fruit juice kingpin,” was the losing party in an LCIA arbitration brought by Cargill on account of financing Cargill had provided to T.B. Fruit Group, Barshchovskiy’s company. Cargill……