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Reply to Doug Cassel
Many thanks to Doug Cassel for his comments on some of the views I’ve expressed in the symposium. I’d like to respond to his three points in order. Case-Specific Exceptions I have argued that it doesn’t make much sense to have case-specific exceptions to the ordinary rules of recognition and enforcement of the foreign judgment.……
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Response to Ted Folkman
In his various comments on the symposium contributions, our host Ted Folkman makes three points to which I respond here. Case-Specific Exceptions Generally First, Ted questions whether case-specific grounds for non-enforcement of foreign judgments are needed, so long as the systemic inadequacy of a foreign judicial system is a ground for non-enforcement. If the foreign……
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Cert. Watch: Naranjo
I’m sorry I let this one slip through the cracks: Chevron, which had sought and received an extension of time to file a petition for a writ of certiorari in the Naranjo case, filed its petition on May 25. The petition focuses on the point I made in my 1/26/12 post: as a general matter,……
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Case of the Day: Abu Dhabi Commercial Bank v. Saad Trading
The case of the day is Abu Dhabi Commercial Bank PSJC v. Saad Trading, Contract and Financial Services Co. (N.Y. Sup. 2012). The bank had sued Saad, a Saudi Arabian firm, for breach of contract in the Queen’s Bench Division of the High Court and won a judgment of more than $33 million. Although Saad……
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A Follow-Up To Professor Brand
As a humble practicing lawyer in the company of some heavy hitters from the academy, I’ve really enjoyed reading and participating in this discussion! I want to offer some follow-up to the back-and-forth I had with Professor Brand yesterday. In his response to the Whytock/Robertson article, Professor Brand noted an inconsistency between the proposal, which……