Archives

Case of the Day: Comcast v. Hourani

The case of the day is Comcast Cable Communications, LLC v. Hourani (D.D.C. 2016). Issam Hourani was plaintiff in a libel action in England against PsyberSolutions LLC, Allison Blair, Alistair Thomson, and Bryan McCarthy. The claim was that the defendants had falsely asserted that Hourani was involved in the abduction, torture, rape, and murder of Anastasya Novikova in Beirut in 2004. The English complaint alleged that the defendant published the allegedly libelous statements on Facebook, Twitter, and YouTube. Hourani claimed that an unknown Comcast subscriber using a computer with a particular IP address was “hired to stage fake performances to defame and cause harm” to him and to “film the performances to be uploaded onto websites and social media sites.” In 2015, the English court ordered Comcast to disclose to Hourani the identity of the users of a particular IP address.
Continue reading Case of the Day: Comcast v. Hourani

Case of the Day: In re Petrobras

The case of the day is In re Petrobras Securities Litigation (S.D.N.Y. 2016). The action involves investors’ claims of losses due to a bribery and kickback scandal involving Petrobras, a Brazilian oil company. The plaintiffs sought approval from the court to serve a subpoena on Mauro Gentile Rodrigues da Cunha, a former Petrobras independent director. Mr. da Cunha was apparently in Brazil. However, he was born in Philadelphia and was therefore a United States national unless someone could prove by a preponderance that he had lost his US citizenship, and no one tried.
Continue reading Case of the Day: In re Petrobras

Case of the Day: In re Petition of Boehringer Ingelheim Pharmaceuticals

Judge Richard Posner
Judge Richard Posner. Credit: chensiyuan
The case of the day is In re Petition of Boehringer Ingelheim Pharmaceuticals, Inc. (7th Cir. 2014). Judge Posner, who wrote the opinion and is also the author of the Heraeus Kulzer and GEA Group cases, continues to show a strong interest in international judicial assistance. The case arose on a petition for a writ of mandamus seeking to challenge an unusual discovery sanction—an order requiring depositions of foreign witnesses to take place in the United States.
Continue reading Case of the Day: In re Petition of Boehringer Ingelheim Pharmaceuticals