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Digest for May 10, 2011
In re Canadian Private Copying Collective (D. Minn. 2011). Granting an application under the judicial assistance statute for leave to issue a subpoena to obtain business records for use in a Canadian civil case.
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Case of the Day: Third Point LLC v. Fenwick
H/T to Antonin I. Pribetic for bringing to light the case of the day, Third Point LLC v. Fenwick, 2011 ONSC 2068, an Ontario case on a letter rogatory from the New Jersey Superior Court seeking a summons for a deposition in Ontario. Canada is not a party to the Hague Evidence Convention, which is……
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Case of the Day: Chamberlain v. Integraclick, Inc.
The case of the day, Chamberlain v. Integraclick, Inc. (N.D. Fla. 2011), involves an attempt to serve process on a Canadian defendant. I am not a fan of the reasoning in this case. Chamberlain, Newcomer, and Adler, on behalf of themselves and other similarly situated, sued 1021018 Alberta Ltd., d/b/a Just Think Media, an Alberta corporation, and……
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Case of the Day: Sanchez v. Lord
HT to Antonin I. Pribetic for his post on the case of the day, Sanchez v. Lord (Mo. Ct. App. 2011), the first case of the day applying the SPEECH Act. Our previous coverage of the Act, which provides a rule of non-recognition for foreign defamation judgments that do not comply with U.S. constitutional law,……
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Case of the Day: Belmont Partners v. Mina Mar
The case of the day is Belmont Partners, LLC v. Mina Mar Group, Inc. (W.D. Va. 2010). It’s a perfect example of what should not happen in arbitration–the parties agreed to arbitrate, then settled, then one reneged on the settlement, then they sued each other in two countries. The parties were both in the business……