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Case of the Day: Wye Oak Technology v. Iraq
The case of the day is Wye Oak Technology v. Republic of Iraq (D.D.C. 2013). Wye Oak was an American defense contractor. In 2004, it contracted with the Iraqi Ministry of Defense, and from 2004 to 2005, it repaired and refurbished several armored battalions and arranged for the sale of some metal as scrap. It……
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Case of the Day: Wultz v. Bank of China
The case of the day is Wultz v. Bank of China Ltd. (S.D.N.Y. 2013). We first considered this case in November 2012. Here was my description of the facts from the prior post: In 2006, Daniel Wultz was killed, and Yekutiel Wultz injured, in a suicide bombing in Tel Aviv. Members of the Wultz family……
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Lago Agrio: Chevron Seeks Leave To Sue Patton Boggs
Chevron has moved for leave to assert counterclaims against the Lago Agrio plaintiffs’ US law firm, Patton Boggs. I have to say I think Chevron may have jumped the shark with this latest claim. I don’t want to go through the details of the counterclaim’s allegations, but let’s just take a look at the three……
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In re Application of Mesa Power Group, LLC: Is It Constitutional for a Magistrate Judge To Decide A Section 1782 Application?
The case of the day is In re Application of Mesa Power Group, LLC (D.N.J. 2013), the third installment in the case that we have considered. The new decision takes a view on some non-trivial issues (notably, it holds that a NAFTA arbitration is a proceeding before a foreign or international tribunal for purposes of……
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Case of the Day: Marker Völkl (International) GmbH v. Epic Sports International, Inc.
The case of the day is Marker Völkl (International) GmbH v. Epic Sports International, Inc. (S.D.N.Y. 2013). Marker Völkl, a Swiss corporation, had a license agreement with Epic, a Nevada corporation, under which Epic distributed Marker Völkl’s tennis equipment. In a separate agreement, Capstone Business Credit, LLC, a New York company, guaranteed Epic’s performance of……