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Case of the Day: In re Dubey
The case of the day is In re Dubey (C.D. Cal. 2013). The case raises a question we have considered many times before, and which is also the subject of S.I. Strong’s excellent paper: is a private arbitration a “proceeding in a foreign or international tribunal,” for purposes of 28 U.S.C. § 1782? Microelectronics Technology,……
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Lago Agrio: Patton Boggs On Offense
Patton Boggs, counsel to the Lago Agrio plaintiffs and now a target of Chevron in New York, has taken the offense in recent days, pushing back against the declaration of Christopher Bogart, the CEO of Burford Capital (the LAPs prior litigation funder), which basically threw Patton Boggs under the bus by claiming that the law……
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Case of the Day: Harper v. W.W. Grainger, Inc.
The case of the day is Harper v. W.W. Grainger, Inc. (W.D. Ky. 2013). Larry Harper sued Dayton Electric Manufacturing Co. in the Jefferson Circuit Court in Kentucky, alleging that he was severely injured when using a hand truck that Dayton manufactured or sold. Dayton removed the case to the District Court for the Western……
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Case of the Day: In re Kivisto
The case of the day is In re Kivisto (11th Cir. 2013). Jussi Kivisto, a Florida lawyer, was disbarred in 2010 for various misconduct. He sued the lawyer who had filed a disciplinary complaint against him, Susan Robbins, and Michael Soifer, the Florida bar counsel, for violations of his civil rights and of the RICO……
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Case of the Day: In re Fairfield Sentry Ltd.
The case of the day is Morning Mist Holdings, Ltd. v. Kenneth Krys (In re Fairfield Sentry Ltd.) (2d Cir. 2013). Sentry was a British Virgin Islands company and the largest “feeder fund” that had the misfortune to invest with Bernard L. Madoff Investment Securities LLC. Sentry had invested 95% of its assets, or more……