-
Case of the Day: Monsanto v. Kilgore
The case of the day is Monsanto Co. v. Kilgore (Ark. 2023). Cornelius Kilgore sued Monsanto in Drew County, Arkansas, alleging that he suffered from cancer that had been caused by his long-term exposure to Monsanto’s Roundup-brand products. They sought to take a deposition, by notice, of Bauman, the CEO of Bayer AG, Monsanto’s parent……
-
A Letter Of Request Embodies Comity
Anyone who has filed a motion for issuance of a letter of request knows that the Aérospatiale factors provide the framework for deciding whether the court should issue the letter. Right? But there is an important point that I think is indisputably true yet also rarely discussed. The question in Aérospatiale was whether a foreign……
-
Case of the Day: Finjan v. Zscaler
The case of the day is Finjan, Inc. v. Zscaler, Inc. (N.D. Cal. 2019). It’s from early in 2019, but I missed it when it was issued. The case was a patent dispute. Finjan, a computer security company, sought the production of emails from Tim Warner, a British citizen living in the UK. The emails……
-
Case of the Day: EFG Bank v. AXA Equitable Life
The case of the day is EFG Bank AG, Cayman Branch v. AXA Equitable Life Insurance Co. (S.D.N.Y. 2018). The judge had previously denied a motion by EFG, a Swiss bank, for a protective order that would have required AXA to seek discovery of information located in Switzerland via the Hague Evidence Convention. EFG sought……
-
Case of the Day: Wultz v. Bank of China
The case of the day is Wultz v. Bank of China Ltd. (S.D.N.Y. 2013). We first considered this case in November 2012. Here was my description of the facts from the prior post: In 2006, Daniel Wultz was killed, and Yekutiel Wultz injured, in a suicide bombing in Tel Aviv. Members of the Wultz family……