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The Bill of Discovery
One of the great things about Section 1782 is that you can use it in aid of a prospective proceeding. Is that anomalous or unprecedented? Nope. Our own courts have long recognized a “bill of discovery,” which allows for discovery necessary in order to bring an action. I’ve been practicing law for a long time,……
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Charles Blow is Not The Problem
The New York Times’s Charles Blow writes: I believe Hamas is a terrorist organization committed to the eradication of Israel, that its Oct. 7 attack against Israel was ghastly, and that all the hostages taken in the attack must be returned. So far so good. Now the “but”: At the same time, I believe the……
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Case of the Day: Regal Games v. SellerX Eight
The case of the day is Regal Games, LLC v. SellerX Eight GmbH (S.D.N.Y. 2024). Regal had a contract with SellerX, a German Company, for the sale of its Chalk City line of sidewalk chalk. Regal brought a claim for breach of contract. It asked SellerX to waive service under FRCP 4(d), but SellerX refused.……
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Watching Downton Abbey
Downton Abbey premiered in 2010, but my wife and I never watched it. We decided to start this weekend. In the first episode, the Earl of Grantham, who married a rich American but who has only daughters, learns that his presumptive heir, a cousin, has died on the Titanic. Drama ensues, because when the Earl……
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Case of the Day: Defense for Children International v. Biden
The case of the day is Defense for Children International—Palestine v. Biden (N.D. Cal. 2024). Something I’ve seen very often in courtrooms, and read in a lot of decisions, is a tendency for many judges, when they are about to rule against a party, to express a lot of sympathy for the equities on the……