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Case of the Day: Elsevier v. Chew
The case of the day is Elsevier, Inc. v. Chew (S.D.N.Y. 2018). Elsevier, a publisher, sued twenty unknown defendants, alleging they were infringing its copyright by selling counterfeit textbooks on eBay. By way of subpoenas to eBay and PayPal, Elsevier was able to obtain the names and email addresses of the defendants, though not their…
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Case of the Day: First Investment Corp. of the Marshall Islands v. Fujian Mawei Shipbuilding
We return today to the case of the day from March 20, 2012, First Investment Corp. of the Marshall Islands v. Fujian Mawei Shipbuilding. In that decision, an action for confirmation of an English arbitral award, the judge found that he lacked personal jurisdiction over a Chinese state-owned enterprise, Fujian Mawei Shipbuilding, Ltd., and thus…
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Case of the Day: Sonera Holding BV v. Çukurova Holding AŞ
The case of the day is Sonera Holding BV v. Çukurova Holding AŞ (S.D.N.Y. 2012). The decision does not set out the facts of the underlying case, but an earlier decision by the Court confirming the underlying arbitral award explains that the dispute arose out of a share purchase agreement requiring Çukurova to deliver to…
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Case of the Day: Johannes Baumgartner Wirtschafts-und-Vermögensberatung GmbH v. Salzman
The case of the day rejoices in the name Johannes Baumgartner Wirtschafts-und-Vermögensberatung GmbH v. Salzman (E.D.N.Y. 2011). The plaintiffs sued Ambiente GmbH, a German firm, and Peter Schmidt, Muhsin Karakurt, and Mehmed Kocabas, all of whom resided in Germany. The claim was for violations of RICO, securities fraud, conversion–you name it. The case of the…