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Lago Agrio: Second Circuit Affirms Conviction of Steven Donziger for Contempt of Court
Yesterday the Second Circuit affirmed Steven Donziger’s conviction on charges of contempt of court. Donziger did not challenge the judge’s findings of fact on appeal, and there was no real question about the facts at the trial. Instead, Donziger argued that his prosecution was unconstitutional because the prosecutor was a private lawyer appointed by the……
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Elephant Habeas: New York’s High Court Rejects “Elephants Are Persons” Nonsense
Let me stipulate at the beginning that elephants are magnificent animals who have been treated badly by us human beings for a long time. We have hunted them for ivory, reduced their habitat, and mistreated them in captivity in the circus and in some zoos. I say some zoos because Happy, the elephant at the……
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Antisemitism Rears Its Head In Massachusetts
I’m going to ask your indulgence as I write about something upsetting, vaguely frightening, and entirely unrelated to international judicial assistance. An anonymous “multi-generational collective of activists and organizers” known as the Mapping Project has published a map of most of the key organizations in the organized Jewish community in Massachusetts. Lest you think this……
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Case of the Day: ZF Automotive v. Luxshare
The case of the day is ZF Automotive US, Inc. v. Luxshare, Ltd. (S. Ct. 2022). This is the big Section 1782 decision we all have been waiting for, which asks—and answers!—whether foreign arbitrations are proceedings before “foreign or international tribunals,” and therefore whether parties can obtain discovery in the US for use in foreign……
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Case of the Day: CPC Patent Technologies v. Apple
The case of the day is CPC Patent Technologies Pty. Ltd. v. Apple, Inc. (9th Cir. 2022). The case settles an unsexy but important procedural question in Section 1782 practice in the Ninth Circuit, one that I’ve discussed several times before, most notably here. What authority does a magistrate judge have to decide applications under……