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Tracfone Case Rightly Decided
I have commented critically on several decisions in the Southern District of Florida in cases brought by Tracfone against various foreign defendants. In one, the judge allowed a motion for leave to serve a subpoena on a non-party in witness in Canada. In another, the decision was not so clearly wrong but was strange and……
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The Global Context for Forum Non Conveniens and for Case-Specific Exceptions to Recognition of Foreign Judgments
Professor Whytock’s comment today correctly notes in its next-to-last paragraph that “the ship of case-specific exceptions has set sail.” This statement is in response to my comments on the 2005 Uniform Foreign-Country Money Judgments Recognition Act and the 2005 ALI Proposed Federal Statute. It is important to take account not just of the national context……
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Symposium Day 2
Thank you to Cassandra Robertson, Chris Whytock, Ron Brand, Doug Cassel, and Aaron Page for their contributions to the first-ever Letters Blogatory symposium. Cassandra and Chris gave very clear statements of their proposals for closing the “access-to-justice gap”, and Ron provided a thoughtful critique. Doug and Aaron discussed the Whytock/Robertson article from the perspective of……
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Case of Interest: Government of Ghana v. ProEnergy Services, LLC
The case of the day is Government of Ghana v. ProEnergy Services, LLC (8th Cir. 2012). I first reported on the case in my post of July 14, 2011. To recap the facts: Ghana had entered into a contract with Balkan Energy Limited for the refurbishment of a power plant in Ghana. ProEnergy Services, LLC……
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Unusual Exchange of Letters in the Belfast Project Case
H/T to Chris Bray for noting the unusual exchange of letters in the Belfast Project case. The government submitted a letter to the panel arguing that the lawyer for Moloney & McIntyre had argued facts not in the record at oral argument. There was little question that the plaintiffs’ lawyer did stray from the record,……