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Case of the Day: Estate of Klieman v. Palestinian Authority
Today’s Case of the Day, Estate of Klieman v. Palestinian Auth. (D.D.C. 2011), involves a letter of request under the Hague Evidence Convention for the testimony of witnesses in Israel. Klieman, a U.S. citizen, was the victim of a Palestinian terrorist attack on a civilian bus in Israel in 2002. The claim was that Klieman had……
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Case of the Day: Baldiga v. Joint Stock Co. (In re Cyphermint, Inc.)
The case of the day, Baldiga v. Joint Stock Co. (In re Cyphermint, Inc.) (Bankr. D. Mass. 2011), is from my home base in Boston. It involves the difficulties in serving process in Russia under the Hague Service Convention. The case was a preference avoidance action by the Chapter 7 Trustee against the St. Petersburg……
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Case of the Day: Dedon GmbH v. Janus et Cie
The case of the day, Dedon GmbH v. Janus et Cie (S.D.N.Y. 2011), is a needless procedural tangle. The complexity arose because it was unclear whether an arbitration agreement existed between the parties.
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Case of the Day: Ingaseosas International v. Aconcagua Investing
The case of the day, Ingaseosas Int’l Co. v. Aconcagua Inv. Ltd. (S.D. Fla. 2011), raises interesting questions of federal subject matter jurisdiction of motions to vacate awards made under the New York Convention. Ingaseosas and Aconcagua were both British Virgin Islands firms. They entered into a stock purchase agreement concerning shares in another BVI company……
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Case of the Day: Wuxi Taihu Tractor Co. v. York Group, Inc.
Our case of the day, Wuxi Taihu Tractor Co. v. York Group, Inc. (S.D. Tex. 2011), is a fairly straightforward application of waiver principles in a Hague Service Convention case. The parties were both manufacturers of coffins. The procedural posture of the case was somewhat complicated, but at bottom, York had sued Wuxi, a Chinese……