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Case of the Day: Turkiye Halk Bankasi A.S. v. United States
The case of the day is Turkiye Halk Bankasi AS v. United States (S. Ct. 2023). I wrote about the case in the District Court. It presents a simple legal question: does the Foreign Sovereign Immunities Act govern the question whether a foreign state, or the instrumentality of a foreign state, is immune from jurisdiction……
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Case of the Day: SEC v. MCC International
The case of the day is SEC v. MCC International Corp. (S.D. Fla. 2023). The SEC had obtained a preliminary injunction against Luiz Carlos Capuci, Jr. and others in a cryptocurrency fraud case. Capuci opposed the preliminary injunction on the grounds that while he had had notice, he had not been served with process before……
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Update: the Briefs in Chiejina v. Nigeria
I reported on the decision denying a jurisdictional motion to dismiss in Chiejina v. Nigeria, an award enforcement case I’m handling, back in August 2022. The dispute involved breaches of a contract for construction of gully erosion control structures in Nigeria’s Imo state. The parties have now filed their briefs in the DC Circuit (Nigeria’s……
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Lago Agrio: Supreme Court Denies Donziger’s Petition For Review of His Contempt Conviction.
The Supreme Court has denied Steven Donziger’s petition for a writ of certiorari to review his conviction for contempt of court. At least two justices, Justices Gorsuch and Kavanaugh, would have granted the petition, and Justice Gorsuch (joined by Justice Kavanaugh) published a dissent. The criminal charges against Donziger, and his conviction after trial, stemmed……
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Case of the Day: 101-115 West 116th St. Corp. v. Consulate General of Senegal
The case of the day is 101-115 W. 116th St. Corp. v. Consulate General of the Republic of Senegal (N.Y. Sup. Ct. 2023). In 2014, the plaintiff leased premises on West 116th Street in New York to the Consulate General of Senegal for a term of five years. The lease expired, but the Consulate did……