-
Lago Agrio: Ontario Case Stayed Pending Appeal To The Supreme Court of Canada
In a somewhat surprising development, Justice MacPherson, who wrote the Ontario Court of Appeals’s decision in Yaiguaje v. Chevron, has stayed that decision pending the outcome of Chevron’s application to the Supreme Court of Canada. The decision was surprising—to me, at least, though I welcome the view of Canadian lawyers—because of the tenuousness of Chevron’s……
-
Section 1782 and Private Arbitration: An Update
Two recent appellate cases show that the availability of discovery under 28 U.S.C. § 1782 in private international arbitrations is as unsettled as it has been at any time since the Intel decision. I’m not going to review the first case, GEA Group AG v. Flex-N-Gate Corp. (7th Cir. 2014), in any detail. Judge Posner,……
-
Paper of the Day: Pribetić on “Recognition and Enforcement of Foreign Judgments in Canada”
Today’s paper of the day, by friend of Letters Blogatory Antonin Pribetić, of Himelfarb Proszanski and the The Trial Warrior blog, will be of interest to Letters Blogatory readers, and especially to those following the twists and turns of the Lago Agrio case. It’s titled Recognition and Enforcement of Foreign Judgments in Canada, and it’s……
-
Case of the Day: Drew Technologies v. Robert Bosch LLC
I have a very interesting case for you today, which nearly came in under the radar. The case of the day is Drew Technologies, Inc. v. Robert Bosch, LLC (E.D. Mich. 2013). The claim was for patent infringement. The plaintiff sought leave to serve Robert Bosch GmbH and Bosch Engineering GmbH under FRCP 4(f)(3) by……
-
Was the Lago Agrio Judgment Ghostwritten?
Chevron advocate and friend-of-Letters-Blogatory Doug Cassel is back with his take on the judgment ghostwriting issue. I’ll respond to some of his points in the comments. In a January 7 post Ted Folkman makes an ambitious—albeit “tentative”—effort to assess the voluminous evidence of fraud committed by Steven Donziger and certain other plaintiffs’ attorneys in the……