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Case of the Day: Republic of Ecuador v. MacKay
The case of the day is Republic of Ecuador v. MacKay (9th Cir. 2014). I am not going to write much about this case, because it is essentially the same as Republic of Ecuador v. Bjorkman (10th Cir. 2013) and Republic of Ecuador v. Hinchee (11th Cir. 2013). In all three § 1782 cases, the……
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Case of the Day: In re Application of National Syndicate for Electric Energy
The case of the day, In re Application of National Syndicate for Electric Energy (E.D. Va. 2014), is another in a recent group of unrelated cases indicating the limits of 28 U.S.C. § 1782, and in particular, the statute’s limitation to “foreign or international tribunals.” The National Syndicate for Electric Energy (SNEE) is a union……
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Section 1782 and Private Arbitration: An Update
Two recent appellate cases show that the availability of discovery under 28 U.S.C. § 1782 in private international arbitrations is as unsettled as it has been at any time since the Intel decision. I’m not going to review the first case, GEA Group AG v. Flex-N-Gate Corp. (7th Cir. 2014), in any detail. Judge Posner,……
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Some Interesting Papers
I want to draw readers’ attention to a few recent papers of interest. First, John F. Coyle, Assistant Professor of Law at the University of North Carolina School of Law, has published Friendship Treaties ≠ Judgments Treaties, 112 Mich. L. Rev. First Impressions 49 (2013). From the introduction: It is hornbook law that the United……
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Case of the Day: In re Application of Ontario Principals’ Council
The case of the day is In re Application of Ontario Principals’ Council (E.D. Cal. 2013). This is another § 1782 case arising out of a Canadian defamation action that I covered late last year. As in the earlier case, the judge granted the application after conducting an Intel analysis but refused the applicant’s request……