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Case of the Day: Cheah v. Eighth Judicial District Court
The case of the day is Cheah v. Eighth Judicial District Court (Nev. 2023). Chyuan Yong Cheah was a Malaysian national. In 2018, he rented a car in Nevada and was involved in a car accident in Las Vegas. Andre Davis, who claimed he was injured in the accident, sued Cheah in 2019, but he……
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Capable of Repetition But Evading Review: The Second Circuit Dismisses Appeal on Email Service
The Second Circuit has dismissed the appeal in the Smart Study case for lack of jurisdiction. I wrote about the district court’s decision back in August 2022. The case was a trademark and copyright infringement case involving “Baby Shark.” You’re welcome. The plaintiff had obtained a preliminary injunction, but when it moved for a default……
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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……