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Case of the Day: SEC v. Kumar
The case of the day is Securities and Exchange Commission v. Kumar (N.D. Cal. 2015). The complaint alleged that Vinay Kumar Nevatia, who lived in Palo Alto between 2004 and 2013, solicited investments in shares of CSS Corp. Technologies (Mauritius) Ltd., even though he was not registered with the SEC. Kumar formed a company called……
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Case of the Day: In re Vivaro Corp.
The case of the day is In re Vivaro Corp. (Bankr. S.D.N.Y. 2015). Vivaro Corp. filed a Chapter 11 petition in the bankruptcy court in 2012. Breezecom FZC and several other parties filed claims in the bankruptcy case, and Vivaro objected to the claims. There is a split in authority on how objections to claims……
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Case of the Day: DeJoria v. Maghreb Petroleum Exploration
The case of the day is DeJoria v. Maghreb Petroleum Exploration, S.A. (5th Cir. 2015). This is the appeal of the case of the day from September 4, 2014. I won’t repeat the facts from the prior post: the question in the case was whether a Moroccan judgment should be recognized, and in particular whether……
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Lago Agrio: The Guerra Testimony in the Second Circuit
As predicted, Steven Donziger has brought the recently disclosed Guerra testimony to the Second Circuit’s attention. He did so by way of a motion asking the court to take judicial notice of the testimony. What does that mean? Donziger is not asking the court to make any findings about the truth of falseness of Guerra’s……
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Case of the Day: Amirault v. Ferrari
The case of the day is Amirault v. Ferrari (N.D. Ohio 2015). Darcie Amirault sued Riccardo Ferrari, a resident of Italy, for libel in the Cuyahoga County Court of Common Pleas. Ferrari removed the case to the District Court and moved to dismiss for insufficient service of process. Amirault had served the summons and complaint……