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Case of the Day: Cook v. Toidze
The case of the day is Cook v. Toidze (D. Conn. 2013). Peter Cook, Thea Duell, Aleksandar Milosavlievic-Cook, Maya Toidze, Alexandre Ivankine, Tim Toidze, and Alexandre Avroutine were members of Maya’s Meals, LLC. Cook, Duell, and Milosavlievic sued the Toidzes, Ivankine, and Avroutine on their own behalf and derivatively on behalf of the LLC. The……
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Case of the Day: Tuckerbrook Alternative Investments v. Banerjee
The case of the day is Tuckerbrook Alternative Investments, LP v. Banerjee (D. Mass. 2013). I considered a related case in May 2011. According to the complaint, Tuckerbrook, an investment adviser that manages hedge funds, alleges that Sumanta Banerjee, former manager of Tuckerbrook’s Global Distressed Fund and Global Special Situations Fund, breached a settlement agreement……
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Case of the Day: Roque v. Fuji Heavy Industries, Ltd.
The case of the day is Roque v. Fuji Heavy Industries, Ltd. (Conn. Super. Ct. 2013). The plaintiff, Edwin Roque, alleged that while driving, his car was struck from behind by a Subaru Impreza, which he alleges was manufactured by Fuji Heavy Industries. The claim was that the braking system was defective. Roque sought to……
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Case of the Day: In re Dubey
The case of the day is In re Dubey (C.D. Cal. 2013). The case raises a question we have considered many times before, and which is also the subject of S.I. Strong’s excellent paper: is a private arbitration a “proceeding in a foreign or international tribunal,” for purposes of 28 U.S.C. § 1782? Microelectronics Technology,……
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Case of the Day: Harper v. W.W. Grainger, Inc.
The case of the day is Harper v. W.W. Grainger, Inc. (W.D. Ky. 2013). Larry Harper sued Dayton Electric Manufacturing Co. in the Jefferson Circuit Court in Kentucky, alleging that he was severely injured when using a hand truck that Dayton manufactured or sold. Dayton removed the case to the District Court for the Western……