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Case of the Day: Water Splash v. Menon
The case of the day is Water Splash v. Menon (S. Ct. 2017). The Supreme Court, in a unanimous decision, put to rest the circuit split about whether Article 10(a) of the Hague Service Convention permits service of process by mail. Happily, the state and federal courts in the United States are all now on……
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Case of the Day: CE Design Ltd. v. HealthCraft Products
The case of the day is CE Design Ltd. v. HealthCraft Products, Inc. (Ill. App. Ct. 2017). CE Design was an Illinois company, defunct since 2010, and HealthCraft was a Canadian home health equipment firm. ING, a Canadian insurance company, was HealthCraft’s liability insurer. CE Design brought a class action complaint against HealthCraft in Chicago,……
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Case of the Day: CE Design v. HealthCraft Products
The case of the day is CE Design Ltd. v. HealthCraft Products, Inc. (Ill. App. Ct. 2017). CE Design, a now-defunct Illinois business, brought a class action in Chicago against HealthCraft, an Ontario business, alleging that HealthCraft had sent it and other class members unsolicited faxes. HealthCraft tendered the defense of the case to its……
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Lago Agrio: What’s Left For Trial, And What’s Next In Canada?
Yesterday I promised to take a look at the defenses to enforcement of the Ecuadoran judgment that remain for trial in Ontario. Here is an overview. Which Defenses Are Left? The LAPs’ counsel conceded that the claim that the Zambrano judgment was ghostwritten by the LAPs’ lawyers is a permissible defense. The defense could arise……
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Lago Agrio: Ontario Superior Court Rules LAPs Cannot Execute The Ecuadorian Judgment In Canada
As expected, the Ontario Superior Court has rejected the Lago Agrio plaintiffs’ attempt to seize the assets of an indirect Chevron subsidiary, Chevron Canada Ltd., to satisfy the multi-billion dollar judgment they obtained against the ultimate parent, Chevron Corp., in Ecuador. The court found no basis on which the assets of the indirect subsidiary could……