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Case of the Day: Baikowitz v. Jacobson
Happy new year! The case of the day is Baikowitz v. Jacobson (N.Y. Sup. Ct. 2023). Baikowitz, the curator of his father’s property, sued Jacobson in Montreal seeking to recover $750,000, which he said his father had invested in several of Jacobson’s projects, on the grounds that his father had been mentally impaired when he……
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Chimpanzee Habeas!
The Nonhuman Right Project, fresh off another loss in its elephant habeas quest, filed a petition for a writ of habeas corpus in Michigan, supposedly on behalf of chimpanzees held at the DeYoung Family Zoo. The legal issues are in my view the same whether the non-human animal in question is an elephant or a……
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More on Rulemaking and Cross-Border Discovery: FRCP 28
My last post on the desirability of amending the Federal Rules of Civil Procedure to account for cross-border discovery got me thinking more about the topic. Let’s look at one of my favorite rules, FRCP 28. It’s little-known, but in some ways it’s the key rule for cross-border discovery practice. Rule 28 provides that that a……
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Article of the Day: Should the Federal Rules of Civil Procedure Be Amended to Address Cross-Border Discovery?
Zachary D. Clapton has a pointer to a new article by Michael M. Baylson and Steven S. Gensler on whether the Rules of Civil Procedure should be amended to account better for cross-border discovery. I do a lot of cross-border discovery, and so I have some thoughts. I know I called this post “article of the day,”……
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Case of the Day: United States v. Meta
The case of the day is United States v. Meta Platforms, Inc. (N.D. Cal. 2023). The Korean central authority made a request to the US central authority for judicial assistance under the Evidence Convention in aid of a Korean internet defamation lawsuit where the defendant’s identity was unknown. The letter of request sought technical and……