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Case of the Day: NYKCool v. Pacific International Services
The case of the day is NYKCool A.B. v. Pacific International Services, Inc. (S.D.N.Y. 2013). In 2011, the Court confirmed an $8.7 million dollar award in favor of NYKCool against Pacific Fruit, a company that markets and imports Bonita brand bananas in the United States. Before NYKCool could enforce the judgment, Pacific Fruit transferred all……
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The Supreme Court Will Review Argentina v. NML Capital
On Friday, the Supreme Court granted Argentina’s petition for a writ of certiorari in Republic of Argentina v. NML Capital, Ltd. to review the Second Circuit’s decision in EM Ltd. v. Republic of Argentina, 695 F.3d 201 (2d Cir. 2012), in which the court held that Argentina’s judgment creditors could take post-judgment discovery generally, without……
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Some Interesting Papers
I want to draw readers’ attention to a few recent papers of interest. First, John F. Coyle, Assistant Professor of Law at the University of North Carolina School of Law, has published Friendship Treaties ≠ Judgments Treaties, 112 Mich. L. Rev. First Impressions 49 (2013). From the introduction: It is hornbook law that the United……
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Case of the Day: In re Application of Ontario Principals’ Council
The case of the day is In re Application of Ontario Principals’ Council (E.D. Cal. 2013). This is another § 1782 case arising out of a Canadian defamation action that I covered late last year. As in the earlier case, the judge granted the application after conducting an Intel analysis but refused the applicant’s request……