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Case of the Day: Blue Ridge Investments v. Argentina
The case of the day is Blue Ridge Investments, LLC v. Republic of Argentina (2d Cir. 2013). In 1989, Argentina privatized the gas transportation industry, leading to the creation of Transportadora de Gas del Norte, or TGN. In 1995, CMS Gas Transmission Co. bought a 25% stake in TGN from the Argentine government. At first,……
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Compelling German Third-party Witnesses to Testify in US Litigation
IJA Brigade member Peter Bert is back with a practical piece on procedure under the Hague Evidence Convention in Germany. This is cross-posted from Peter’s blog. In US-German disputes, the question often arises whether a party in US litigation can compel a third-party witness who is a German resident and does not volunteer to testify……
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Case of the Day: Global Discoveries v. Realtec
The case of the day is Global Discoveries, Ltd. v. Realtec, Ltd. (N.D. Cal. 2013). Global Discoveries was a Nevada limited liability company. It brought a statutory interpleader action against Realtec Ltd., a British Virgin Islands company, Zahra Gilak, whose nationality was not clear in the decision (perhaps she was Iranian) but who was formerly……
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There Will Be No Vaughn Index (For Now)
Letters Blogatory’s FOIA case has hit another delay. Although I previously asked the court to order the State Department to produce a Vaughn index, although the Department didn’t oppose my motion, and although the court ordered the Department to produce an index by August 16, the Department now says it cannot produce the index until……
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Shaping the Battlefield
One day the Lago Agrio case will be over, but I am certain this is not the last time foreign plaintiffs will obtain a tort judgment abroad and seek to enforce it against a major US company in the US or elsewhere. (It may be the last time that happens after a forum non conveniens……