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Case of the Day: In re Crystal Power Co.
I ignore the Letters Blogatory Scope of Coverage today in order to write about In re Crystal Power Co. (5th Cir. 2011) [Initial Decision] [On Rehearing]. Can you blame me? It’s a mandamus case involving removal jurisdiction! H/T to Louis M. Solomon for a pointer to the case. Crystal Power was an El Salvador firm.……
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Case of the Day: Tamimi Global Co. v. Kellogg Brown & Root
Today we revisit the case of the day from April 5, 2011, Tamimi Global Co. v. Kellogg Brown & Root. KBR had a US government contract in Iraq. The case arose when a subcontractor, Tamimi, sought to confirm an arbitral award against KBR for non-payment; KBR’s defense was that the government had not paid what it owed,……
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Case of the Day: Linsen International Ltd. v. Humpuss Sea Transport
The Case of the Day is Linsen International Ltd. v. Humpuss Sea Transport Pte Ltd. (S.D.N.Y. 2011). Linsen and the other plaintiffs were shipowners who chartered their ships to HST. HST failed to pay. The charter agreement had an arbitration clause calling for arbitration in London. During the arbitration, HST “attempted to reorganize its corporate……
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Case of the Day: In re Chevron Corp.
The case of the day, In re Chevron Corp. (D. Md. 2010), is one of Chevron’s applications for judicial assistance in the Lago Agrio case. Chevron sought discovery from two of the Lago Agrio plaintiffs’ experts. It sought the discovery for use in the Lago Agrio case itself as well as for use in the……
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Case of the Day: De Beers Centenary AG v. Hasson
The Case of the Day, De Beers Centenary AG v. Hasson (S.D. Fla. 2010), is a bizzare nuisance suit that the court properly dismissed and, maybe, a reminder of why it is a good thing that we leave a role for the courts in deciding threshold questions of arbitrability. Hasson had been convicted of wire……