-
Letters Blogatory: Still Against Abolishing The Leap Second
In her prologue to The Human Condition, written at the dawn of the space age, Hannah Arendt wrote: The earth is the very quintessence of the human condition, and earthly nature, for all we know, may be unique in the universe in providing human beings with a habitant in which they can move and breathe……
-
Case of the Day: McCarthy v. Johnson
The case of the day is McCarthy v. Johnson (D.D.C. 2022). I wrote about the last round a few months ago. Decades ago, Helen McCarthy sued Michael Heath Johnson in the District of Utah, alleging that he had converted her property, including an ownership stake in the Salt Lake Tribune and real property in Bel……
-
Case of the Day: In re Alpene
The case of the day is In re Alpene, Ltd. (E.D.N.Y. 2022). Alpene, a Hong Kong corporation, had a treaty arbitration claim against Malta, and it arbitration under ICSID arbitration. It sought discovery from Elizabeth McCaul, a New Yorker, under Section 1782. The case raises a question left open in the Supreme Court’s ZF Automotive……
-
Case of the Day: Palladian Partners v. Province of Buenos Aires
The case of the day is Palladian Partners, LP v. Province of Buenos Aires (S.D.N.Y. 2022). In 2018, Palladian obtained a German judgment against the Province of Buenos Aires, which had defaulted on euro-denominated bonds following the 2001 financial crisis. Now it seeks recognition and enforcement of the German judgment in the Southern District of……
-
What Good Is Section 1783?
The International Shoe revolution, which divorced service of process from territorial jurisdiction, paved the way for easy service of process abroad. But the revolution passed subpoenas by. The law of subpoenas remains strongly territorial. FRCP Rule 45 provides that subpoenas are to be served within the United States. This distinction makes sense if you conceive……