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Cert. Watch: Kiobel v. Cravath
I’m keeping an eye on the new cert. petition in Kiobel v. Cravath, Swaine & Moore LLP. This was the case where a plaintiff had sought to use § 1782 to obtain documents from its opponent’s (Royal Dutch Shell’s) US law firm (Cravath) that had previously been produced, for use in US litigation, subject to……
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Case of the Day: In re Servotronics
The case of the day is In re Servotronics, Inc. (D.S.C. 2018). In 2016, an engine fire broke out at a Boeing plant in South Carolina. The engine had been manufactured by Rolls Royce. It had a valve manufactured by Servotronics. Boeing made a claim against Rolls Royce, which was settled, and Rolls Royce then……
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Case of the Day: In re Application of Ruiz
The case of the day is In re Application of Ruiz (S.D.N.Y. 2018). In 2017, European and Spanish banking regulators sold Banco Popular Español, a bank they thought failing, to Banco Santander for € 1. Investors in Banco Popular then sued in the EU’s Court of Justice, and some of them also brought investor-state arbitrations……
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Case of the Day: Leutheusser-Schnarrenberger v. Kogan
The case of the day is Leutheusser-Schnarrenberger v. Kogan (N.D. Cal. 2018). Dan Shefet, the president of the Association for Accountability and Internet Democracy, a French group, and Sabine Leurheusser-Schnarrenberger, the former German minister of justice, sought leave to serve a subpoena on Aleksandr Kogan under § 1782. Both Leutheusser-Schnarrenberger and Shefet had Facebook accounts.……
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From the Archives
Here, without comment, is a very interesting document, the Fourth Annual Report of the Commission on International Rules of Judicial Procedure, from the 1960s. I wanted to read it because I’ve got a case where I’m rebutting an argument that an obscure Massachusetts statute that mirrors § 1782 applies only to discovery in aid of sister-state litigation……