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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……
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Case of the Day: In re Chevron Corp.
Our case of the day, In re Chevron Corp. (3d Cir. 2011), is the Third Circuit’s contribution to the dozens of Lago Agrio-related judicial assistance proceedings around the country. I won’t rehash the background to the Lago Agrio case again, except to say that the Third Circuit evidentally shares my sense of the irony involved……
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Case of the Day: In re Search of Premises
In the case of the day, In re Search of Premises Located at at 840 140th Ave. NE, Bellevue, Wash. (9th Cir. 2011), the Russian government sought judicial assistance in aid of its criminal investigation of Arkady Gontmakher for illegal crabbing. The United States and Russia are parties to a mutual legal assistance treaty, which requires the……
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Case of the Day: In re Application of Chevron Corp.
From the Blogatory Lago Agrio desk, and from my home base here in Massachusetts, comes today’s case of the day, In re Application of Chevron Corp., Civ. A. No. 10-MC-30022 (D. Mass. 2010). We reviewed the background of the epic Ecuadoran environmental litigation in the January 14 post on Chevron Corp. v. Berlinger. Bonifaz, once……
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Gary Born on In re Caratube
In my post on arbitral tribunals as “tribunals” under the judicial assistance statue, I raised the following objection to the cases holding that an arbitral tribunal is a “tribunal” for purposes of the statute: why should a party to an international arbitration, who is plainly an “interested party” under the judicial assistance statute, have the……