-
Belfast Project: Boston College Files Its Reply Brief
Boston College has filed its reply brief in its appeal in the Belfast Project case. As I read the brief, BC is conceding the issue of evidentiary privilege in light of the First Circuit’s decision in McIntyre & Moloney’s appeal. In other words, BC is no longer claiming that there is a privilege to refuse……
-
Case of the Day: Brey Corp. v. LQ Management
The case of the day is Brey Corp. v. LQ Management, LLC (D. Md. 2012). Brey, a Maryland corporation, brought a putative class action against LQ, a Texas corporation, for violation of the Telephone Consumer Protection Act. The TCPA prohibits the use of fax machines to send unsolicited advertisements. Brey claimed that it had received……
-
Update on the Lago Agrio Case In Brazil: Free Access to Justice
Letters Blogatory’s correspondent in Brazil, Felipe Vollbrecht, has reported a minor development in the Lago Agrio plaintiffs’ action for homologation in Brazil. According to Felipe, the Superior Tribunal de Justiça has granted the plaintiffs’ request for free access to justice. Brazil does not follow the American Rule on attorney’s fees, so in general, the loser……
-
Massachusetts Legislative Update
In December, I pointed to three bills being considered in the Massachusetts General Court: a bill to enact the Uniform Foreign-Country Money Judgments Recognition Act; a bill to enact the Uniform Enforcement of Foreign Judgments Act; and a bill to enact the 2000 version of the Uniform Arbitration Act. As far as I can tell……
-
Some Initial Thoughts On The Role of Materiality In Recognition and Enforcement Cases
In his recent decision denying Chevron’s motion for summary judgment, Judge Kaplan threw me for a loop by agreeing with me that the Lago Agrio plaintiffs, despite their protestations to the contrary, had pleaded that the Ecuadoran judgment had preclusive effect; finding that the judgment was “tainted” in various apparently significant respects by fraud; and……