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A Surprisingly Good Day For Moloney & McIntyre In The First Circuit
As we all know, Boston is the hub of the universe, but today it really was true, at least if you’re talking about the universe of US constitutional law. Three major constitutional cases were argued today. I missed the first one, United States v. Pleau (which may not have been a constitutional case, strictly speaking,……
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Case of the Day: Montebueno Marketing v. Del Monte Foods
The case of the day is Montebueno Marketing, Inc. v. Del Monte Foods Corp.—USA (N.D. Cal. 2012). Montebueno was Del Monte’s distributor in the Philippines. When Del Monte terminated the distribution contract in 1996, Montebueno sued, in the Philippines courts, for breach of the contract, even though the contract had an agreement to arbitrate. While……
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Breaking: Judge Kaplan Exonerates Chevron’s Bond
On April 2, Judge Kaplan granted Chevron’s motion to exonerate the bond Chevron posted as a condition of obtaining a preliminary injunction against the Lago Agro plaintiffs and their agents—the injunction, later vacated by the Second Circuit, that forbade the plaintiffs to seek to enforce the Ecuadoran judgment anywhere in the world. Before I briefly……
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Case of the Day: Holt v. Kormann Rockster Recycler
The case of the day is Holt v. Kormann Rockster Recycler GmbH (Cal. Ct. App. 2012). Holt sued Kormann, an Austrian company, Rockster North America (“RNA”), a Canadian corporation, and Stephane Guerchon, a resident of Montreal. RNA was the North American distributor of Kormann rock crushers in North America, and Guerchon owned RNA. The claim……
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Lago Agrio: Jarndyce & Jarndyce, or Death-Cage Match?
Julian Ku of Opinio Juris participated in discussions about the Lago Agrio case at the recent ASIL meeting. Read the summary of his presentation (no longer available online) not just for his conclusion about what happened in Ecuador (he concludes that “Chevron seems to have been seriously wronged in the Ecuador proceeding”), but for an……