-
Case of the Day: Constellation Energy Commodities Group v. Transfield ER Cape Ltd.
The case of the day is Constellation Energy Commodities Group Inc. v. Transfield ER Cape Ltd. (S.D.N.Y. 2011).It raises the question whether forum non conveniens should be a defense to a petition to confirm an arbitral award. I think the answer should be no. Constellation was a Maryland corporation, and Transfield ER Cape Ltd. was……
-
Case of the Day XCentric Ventures, LLC v. Karsen, Ltd.
The case of the day, XCentric Ventures, LLC v. Karsen, Ltd. (D. Ariz. 2011), is another example of a plaintiff’s ex parte motion to approve its efforts to serve process on the defendants. As I have previously commented, I question whether these kinds of motions are justiciable—why should the court give what is essentially an……
-
Case of the Day: In re Toft
Today’s case of the day, In re Toft (Bankr. S.D.N.Y. 2011), involves attempts by the creditors of Dr. Jürgen Toft, a celebrity knee surgeon in Munich, to obtain recognition and enforcement of a “Mail Interception Order” granted by a German insolvency court, which would, in effect, give the administrator of Toft’s bankruptcy estate in Germany……
-
Case of the Day: Agudas Chasidei Chabad v. Russian Federation
The Case of the Day is Agudas Chasidei Chabad of the United States v. Russian Federation (D.D.C. 2011). Chabad, a Hasidic Jewish organization, was “the incorporated entity and successor to a worldwide organization of Jewish religious communities having origins in Eastern Europe and Russia.” During the first half of the twentieth century, the Hasidic movement……
-
Case of the Day: Tettamanti v. Opcion SA
The case of the day is Tettamanti v. Opcion SA (Fla. Dist. Ct. App. 2011). Opcion SA had sued Enrique Tettamanti and Maria Cristina Calvo in Argentina on a promissory note, and it obtained a judgment for damages from the Argentine court. Opcion sued Tettamanti and Calvo in Miami-Dade County Circuit Court seeking recognition and……