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Judge Kaplan Dismisses Some Claims Against Donziger
Judge Kaplan issued two decisions in Chevron’s RICO action against Steven Donziger yesterday, and predictably, both sides found a way to spin the decisions as a success. Recall that the gist of the claim is that Donziger and others orchestrated a scheme to extort money from Chevron by bringing a baseless lawsuit in Ecuador, creating……
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Case of the Day: Sung Hwan Co. v. Rite Aid Corp.
The case of the day is Sung Hwan Co. v. Rite Aid Corp. (N.Y. App. Div. 2012). The opinion is cryptic and tantalizing—I’ll do my best to decipher it. It seems that Sung Hwan claimed that Rite Aid had “owned [an] ice cream plant that manufactured and sold listeria-tainted ice cream to” Sung Hwan, and……
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Case of the Day: Ex Parte Apple
Judge James Ware, the author of yesterday’s case of the day, is back today in Ex Parte Apple Inc. (N.D. Cal. 2012). The underlying litigation, which involved lawsuits in the United States and in Germany, was between Motorola and Apple. Apple made an ex parte application for judicial assistance seeking issuance of a subpoena to……
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Case of the Day: Body By Jake Global, LLC v. Susanto
The case of the day is Body By Jake Global, LLC v. Susanto (N.D. Cal. 2012). The claim was that Susanto, an Indonesian company, sold counterfeit exercise equipment on eBay. Body By Jake attempted to serve the summons and complaint by certified mail, return receipt requested, and when Susanto failed to answer, Body By Jake……
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Chevron Turns Back A Challenge To A BIT Arbitral Award
I’ve previously written about the BIT arbitration between Chevron and Ecuador that Chevron commenced in September 2009. This is the arbitration in which the tribunal ordered Ecuador to take steps to suspend the effectiveness of the Lago Agrio judgment. But I don’t think I’ve yet written about an earlier BIT arbitration between Chevron and Ecuador……