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Case of the Day: United Company Rusal v. Trafigura AG
The case of the day United Company Rusal, plc v. Trafigura AG (D. Conn. 2011), raises a fascinating question: do the federal courts have subject-matter jurisdiction of applications for judicial assistance under 28 U.S.C. § 1782? One might wonder how this question could even arise. The statute provides: The district court of the district in which……
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Case of the Day: In re Braga
The case of the day, In re Braga (S.D. Fla. 2011), involves an application for judicial assistance to take evidence for use in Brazilian bankruptcy proceedings involving Petroforte Brasileiro de Petroleo Ltda. The application for judicial assistance, brought by Braga, the “judicial administrator” of Petroforte (I take it this is the equivalent of a bankruptcy……
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From the Lago Agrio Desk
We have two developments to report in the Lago Agrio case: a new preliminary injunction barring the Lago Agrio plaintiffs from seeking to enforce their judgment; and yet another application for U.S. judicial assistance in the gathering of evidence, though this time by the Ecuadorans rather than by Chevron.
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Back from Vacation
I’m back in Boston after ten days of much-needed vacation. Thanks to Kate Halloran for holding down the fort! There were two developments in the last week that I wanted to briefly note before picking up again with coverage of current cases: first, a new French decision in the Dallah case, and second, a mention of……
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USLW on Hereaus Kulzer v. Biomet
U.S. Law Week reported yesterday on the Heraeus Kulzer v. Biomet case, which we covered on January 25. I’m quoted as saying that the judicial assistance statue was intended to encourage other countries to liberalize their own law regarding discovery, and that “that effort has largely failed.” Germany (where the case arose) is a case in……