Tag Archives: 1782

Case of the Day: In re Kiobel

The case of the day is In re Kiobel (S.D.N.Y. 2017). Esther Kiobel was the plaintiff in the now-famous Kiobel case, a class action against Royal Dutch Shell and others under the Alien Tort Statute, claiming that Shell was liable for human rights violations committed by the Nigerian government against her and others in Nigeria who had opposed Shell’s activities in Nigeria. The case led to a Second Circuit decision holding that corporations cannot be liable for torts in violations of international law under the ATS, and it culminated in Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), which affirmed on different grounds, holding that the presumption against extraterritoriality applied to the ATS. The result was that Kiobel could not pursue her claims in the US courts. As we’ll see in today’s case, her new plan is to seek relief in a proceeding in the Netherlands. To obtain evidence for use in that prospective case, Kiobel brought a § 1782 application seeking leave to serve subpoenas on Cravath, Swaine & Moore LLP, lawyers for Shell in the earlier US case and some related US proceedings.
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Case of the Day: In re Schlich

Diagram of the CRISPR prokaryotic antiviral defense mechanism

Diagram of the CRISPR prokaryotic antiviral defense mechanism. Credit: James Atmos

The case of the day is In re Schlich (D. Mass. 2016). It arises out of competing claims to invention of CRISPR/Cas9, a new gene editing technology that has gotten a lot of attention in the popular press. Jennifer Doudna of UC Berkeley and her collaborator, Emmanuelle Charpentier, claimed to be the inventors, and Doudna’s company, Intellia Therapeutics, brought an opposition proceeding in Europe seeking to invalidate patents obtained there by the Broad Institute, listing another group of putative inventors, Feng Zhang, Le Cong, Patrick Hsu, and Fei Ran.
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Case of the Day: In re Kleimar N.V.

The case of the day is In re Application of Kleimar N.V. (S.D.N.Y. 2016). Kleimar was engaged in an arbitration against Dalian Dongzhan Group Co. before the London Maritime Arbitration Association. Kleimer brought a § 1782 application seeking leave to take discovery from Vale S.A., a non-party, for use in the arbitration. The issue was whether the LMAA tribunal, a private arbitral tribunal, is a “tribunal” for purposes of § 1782.
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