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Update on Chevron’s Motion for Partial Summary Judgment
As I noted in a previous post, the Lago Agrio plaintiffs had pleaded—or at least it seemed they had pleaded—res judicata as an affirmative defense to Chevron’s RICO claims, arguing that the Ecuadoran judgment should have preclusive effect and should bar relitigation of Chevron’s claims of fraud. When Chevron sought partial summary judgment on the……
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Case of the Day: Surefire LLC v. Casual Home Worldwide, Inc.
The case of the day is Surefire, LLC v. Casual Home Worldwide, Inc. (S.D. Cal. 2012). Surefire sued Fenixlight Ltd., a Chinese company, for patent infringement. It served the summons and complaint on Ming Chiang in Nevada and asserted that he was an agent authorized to accept service on behalf of Fenixlight. Although Surefire argued……
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Case of the Day: Markin v. Grohmann
The case of the day is Markin v. Grohmann (Idaho 2012). In 1997, Thomas Grohmann sued Ron Markin on a promissory note Markin had given Grohmann in 1988 connection with a half-million dollar business loan. The suit was in the Central District of California. The parties settled the suit, and their settlement agreement provided that……
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Case of the Day: Gushlak v. Gushlak
The case of the day is Gushlak v. Gushlak (2d Cir. 2012). The case makes an important point about the procedure in § 1782 cases, and so as not to bury the lede, I’ll just state the point here: It is proper to apply ex parte for judicial assistance. The target of the discovery can……
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The First Circuit’s Belfast Project Decision: Analysis
The First Circuit has rejected the appeal of Ed Moloney and Anthony McIntyre against an order requiring BC to turn over to the government oral histories taken from participants in the Troubles. This post gives some of the background and summarizes the main points of the decision. Some background Because it’s been a while since……