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Case of the Day: Dyer v. Can-Truck, Inc.
In the case of the day, Dyer v. Can-Truck, Inc. (N.D. Ohio 2011), Frank Dyer alleged that while he was riding a motorcycle near Lima, Ohio, he was injured when struck by a truck driven by Jaswinder Sekhon and owned by Can-Truck, Inc. Sekhon resided in Ontario, and Can-Truck had its place of business there.……
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Case of the Day: New Jersey v. Merrill Lynch & Co.
It’s been a fairly slow week in judicial assistance, so I’ve reached a little outside the Letters Blogatory scope of coverage for today’s case of the day, New Jersey v. Merrill Lynch & Co. (3d Cir. 2011). The case illustrates a trap for the unwary in drafting forum selection clauses. In an earlier post, I……
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Article of the Day: Beale, Lugar, and Schwarz on the Judicial Assistance Statute and Arbitration
Kenneth Beale, Justin Lugar, and Franz Schwarz, all lawyers with WilmerHale, have a new article on the applicability of the judicial assistance statute, 28 U.S.C. § 1782, to international arbitration: Solving the § 1782 Puzzle: Bringing Certainty to the Debate Over 28 U.S.C. § 1782’s Application to International Arbitration, 47 Stan. J. Int’l L. 51……
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Case of the Day J. McIntyre Machinery v. Nicastro
The Supreme Court has just issued a significant, and I think unfortunate, decision on the issue of personal jurisdiction over foreign defendants, that will be of interest to foreign companies that sell products in the American market. Before turning to the decisions, a few words of background are in order. In the bad old days,……