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Case of the Day: Samsung Electronic Co. v. Early Bird Savings
The case of the day is Samsung Electronic Co. v. Early Bird Savings (S.D. Cal. 2014). It raises an issue we haven’t seen in a while, namely, whether a temporary restraining order can be extended beyond the ordinarily permissible time to allow for service of process abroad.
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Lago Agrio: Standing to Seek an Injunction under RICO
Here is some news that partisans of the Lago Agrio plaintiffs have gleefully passed along to me. The Courthouse News Service is reporting that lawyers with Gibson Dunn, Chevron’s law firm, will be arguing, in an unrelated case in the Second Circuit that will be heard tomorrow, that private parties lack standing to seek injunctive……
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Lago Agrio: Chevron on Standing
Chevron has filed its opposition to Steven Donziger’s motion to dismiss for lack of subject-matter jurisdiction. It’s a creditable brief—it lacks the pizzaz of the Donziger brief covered in the prior post, but it’s well done. Let’s focus on what Chevron says about the harm it is seeking to remedy.
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Case of the Day: Plata v. Darbun Enterprises
The case of the day is Plata v. Darbun Enterprises, Inc. (Cal. Ct. App. 2014). Plata was an employee of Soluciones Tecnologicas de Mexico, S.A. de C.V., a Mexican firm. He brought a claim before the Number One Special Local Labor Relations and Conciliation and Arbitrage Local Authority of the City of Tijuana, claiming that……
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Case of the Day: In re Petition of Boehringer Ingelheim Pharmaceuticals
The case of the day is In re Petition of Boehringer Ingelheim Pharmaceuticals, Inc. (7th Cir. 2014). Judge Posner, who wrote the opinion and is also the author of the Heraeus Kulzer and GEA Group cases, continues to show a strong interest in international judicial assistance. The case arose on a petition for a writ……