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NML Capital Goes To Europe
NML Capital, one of Argentina’s creditors, has been trying to collect on a US judgment for years. As we saw in NML Capital v. Banco Central (2d Cir. 2011), the case of the day from July 8, 2011, the Second Circuit held that the assets of the Argentine Central Bank on deposit with the Federal……
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Heraeus Kulzer Revisited
Louis M. Solomon has a new post with an interesting take on Heraeus Kulzer GmbH v. Biomet, Inc. (7th Cir. 2011), a case we covered here back in January. In Heraeus, the court held that the district court had abused its discretion by refusing a German plaintiff’s request for discovery under § 1782 for use……
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A re-think on Harris v. NGK North American
Today’s case of the day, Harris v. NGK North American, Inc., raised the question of alternate methods of service where service by mail fails. My initial take on the case was that the court should have required the plaintiff to try to serve the defendant via the central authority before resorting to unusual means of……
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Dedon v. Janus Revisited: Purchase Orders and Arbitration
Yesterday’s case of the day, Dedon GmbH v. Janus et Cie, got me thinking about an interesting point, though one that is, strictly speaking, outside of the Letters Blogatory scope of coverage. It is not uncommon, in domestic or international trade, for a seller to deliver goods to a buyer upon receipt of a purchase……
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Digest for January 26, 2011
We have a little catching up to do, so here is a digest of a couple of recent cases that are probably not going to get top billing as cases of the day. In re Application of Inversiones y Gasolinera Petroleos Venezuela, Civ. A. No. 08-20378 (S.D. Fla. Jan. 19, 2011). Like Chevron Corp. v. Berlinger, the……