Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Act of State Doctrine

Case of the Day: Mountain Crest v. Anheuser-Busch InBev

Posted on September 12, 2019

The case of the day is Mountain Crest SRL, LLC v. Anheuser-Busch InBev SA/NV (7th Cir. 2019). Mountain Crest sued Anheuser-Busch and Molson Coors, claiming the two companies had conspired to keep Mountain Crest out of the business of exporting beer to Ontario by boycotting the LCBO, Ontario’s government-run liquor store, to force it to enter into agreement under which an entity controlled by Anheuser-Busch and Molson Coors was the only entity allowed to sell beer to the LCBO in packages of more than six bottles. The district court dismissed the case under the act of state doctrine, and Mountain Crest appealed.

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Case of the Day: Ecuador v. Dassum

Posted on July 8, 2014

The case of the day, Republic of Ecuador v. Dassum (Fla. Dist. Ct. App. 2014), has nothing whatever to do with the Lago Agrio litigation. Roberto Isaias Dassum and William Isaias Dassum were indirect shareholders of Filanbanco, an Ecuadoran bank that failed in 2001. Under the law that created the Agencia de Garantia de Depositos—Ecuador’s version of the Federal Deposit Insurance Corporation—the Isaias brothers were jointly and severally liable for the depositors’ losses. Ecuador’s government also determined that the Isaises had “drained the bank’s funds through fraudulent misconduct,” and in 2003, it issued warrants for their arrest. By then the Isaises were living in Miami. (The brothers deny wrongdoing and have set up a website to plead their case).

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