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Case of the Day: Seijas v. Republic of Argentina
We stick with the Argentina debt debacle for today’s case of the day, Seijas v. Republic of Argentina (2d Cir. 2012), the Second Circuit’s second decision on the subject in a matter of days. In Seijas, the district court had granted summary judgment for Argentina on the creditors’ claim for a declaration that Banco de……
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Case of the Day: EM Ltd. v. Republic of Argentina
The case of the day is EM Ltd. v. Republic of Argentina (2d Cir. 2012). This is yet another installment in NML Capital’s efforts to collect from Argentina on a judgment it obtained in New York following Argentina’s default on its sovereign debt. In today’s case, NML had served subpoenas on Bank of America and……
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Wallishauser v. Austria: Is 28 U.S.C. § 1608(a)(3) Still Good Law?
Update: Maybe I’ve identified a problem that doesn’t exist. The 1991 Draft Articles also permit service by other means “accepted by the State concerned.” So I suppose that if the foreign state declines to accept service by mail, then no harm, no foul? The case of the day is Wallishauser v. Austria (ECtHR 2012). I’m……
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Case of the Day: Bank of Tokyo-Mitsubishi v. Peterson
The case of the day is Bank of Tokyo-Mitsubishi UFJ, Ltd. New York Branch v. Peterson (S.D.N.Y. 2012). Deborah D. Peterson was the personal representative of the estate of Lance Cpl. James C. Knipple, a victim of the 1983 bombing of the Marine barracks in Beirut. Peterson had earlier obtained a judgment against Iran for……
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Case of the Day: Angellino v. Royal Family Al-Saud
Today’s case of the day, Angellino v. Royal Family Al-Saud (D.C. Cir. 2012), is an offbeat service of process case. Elli Bern Angellino, an artist, alleged that he had an agreement with the Saudi royal family and sixteen of its members to design, produce, and deliver several sculptures to them in Suadi Arabia. The deal……