-
Breaking News: Second Circuit Vacates Chevron Preliminary Injunction
On Monday, the Second Circuit vacated Judge Kaplan’s preliminary injunction enjoining the Lago Agrio plaintiffs from seeking recognition and enforcement of the Ecuadoran court’s judgment against Chevron. An opinion is to issue in due course. The court’s reasoning is not clear from its brief, two-page order. We have covered the injunction extensively. I initially reported……
-
New Hague Conference Table on the Hague Evidence Convention
The Hague Conference on Private International Law has recently published a helpful table showing which states have made an Article 23 declaration, and what kind of declaration they have made. Article 23 is the bête noire of American lawyers seeking documentary discovery abroad: it provides: A Contracting State may at the time of signature, ratification……
-
Case of the Day: Lufthansa Technik AG v. Astronics Corp.
The case of the day is Lufthansa Technik AG v. Astronics Corp. (W.D.N.Y. 2011). Lufthansa had a patent on power supply technology for use in the passenger cabin of commercial aircraft. It sued Astronics Advanced Electronic Systems, Inc., in Germany for patent infringement. Astronics AES filed its own suit in Germany seeking to invalidate the……
-
Case of the Day: Scheck v. Republic of Argentina revisited
In the case of the day from June 6, 2011, Scheck v. Republic of Argentina, the district court rejected a challenge by Argentina to service of process in an action to enforce a German judgment brought by unhappy investors in Argentina’s German bonds. Today’s case of the day brings the case to a conclusion (maybe).……
-
Case of the Day: Grupo Radio Centro v. American Merchant Banking Group
Yesterday’s case of the day, Hughes v. Ashton, was a pleasure to report: clear, and rightly decided to boot. No such luck with today’s case of the day, Grupo Radio Centro v. American Merchant Banking Group (Fla. Dist. Ct. App. 2011). The case involves difficulties in serving process in Mexico under the Hague Service Convention,……