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Water Splash: The Denouement
In Water Splash v. Menon, 137 S. Ct. 1504 (2017), the Supreme Court finally resolved the question of whether Article 10(a) of the Hague Service Convention permits service of process by postal channels (it does). That’s the end of the story for Letters Blogatory readers, but it wasn’t the end of the story for the……
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Attorney General of Canada v. Malone
The case of the day is Attorney General of Canada v. Malone (Cal. Ct. App. 2018). John Malone had failed to repay his Canadian student loans. In 1991, the Canadian government sued him in Edmonton. Malone was living in California at the time. In 2003, the court entered judgment against him for nearly $40 thousand.……
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Lago Agrio: Ontario Court of Appeal Vacates Order on Costs
Yesterday the Ontario Court of Appeal vacated an earlier order of a single justice requiring the Lago Agrio plaintiffs to give security for the costs of the appeal. This will allow the LAPs to proceed with their appeal without paying nearly $1 million to cover their costs in case they lose—and without having to disclose……
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Lago Agrio: Canadian Appellate Court Requires LAPs To Give Security
In January I reported on the Lago Agrio plaintiffs’ latest setback in their quest to obtain recognition of their Ecuadoran judgment in Canada. The Ontario Superior Court granted summary judgment to Chevron, holding that its indirect Canadian subsidiaries’ assets were not assets of Chevron (the judgment debtor) that could be reached on execution. The LAPs……
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Case of the Day: Wimbledon Financing Master Fund v. Weston Capital Management
The case of the day is Wimbledon Financing Master Fund, Ltd. v. Weston Capital Management, LLC (N.Y. Sup. Ct. 2017). Wimbledon sued Keith Laslop for aiding and abetting a fraud. After Wimbledon asserted that Laslop had been “duly served … in Canada in accordance with the Hague Convention” (by mail, according to the return of……