The case of the day is Ure v. Oceania Cruises, Inc. (S.D. Fla. 2015). Diana Ure was a passenger aboard Oceania’s ship. She fell ill and was treated by one of the defendants, Dr. Fabian Bonilla, an Ecuadoran national. She and her husband sued Bonilla, apparently for medical malpractice, and she served him at his address in Ecuador via mail (sent by the clerk, as FRCP 4(f)(2)(C)(ii) requires). Bonilla moved to dismiss, arguing that Ecuadoran law forbids service by mail.
Continue reading Case of the Day: Ure v. Oceania Cruises
A few years ago, I commented on Julian Assange’s bid to win “diplomatic asylum” from Ecuador. As my post indicated, I’m not really sympathetic to Mr. Assange’s legal plight, and my view on that hasn’t changed since 2012. The case was recently in the news again as the UN’s Working Group on Arbitrary Detention released an opinion concluding that Mr. Assange was being arbitrarily detained. Leaving aside sympathy or lack of sympathy for Mr. Assange, I really cannot see how the Working Group could have reached its decision or what kind of sense the decision makes.
Continue reading The Working Group on Arbitrary Detention and the Julian Assange Case
Aaron Marr Page responds constructively to my post on his letter to the Special Rapporteur on the Situation of Human Rights Defenders.
I’ll briefly respond to one point and add one observation.
As someone who watched things unfold, I can say that Ted’s speculative claim that “the reason Chevron’s threats were so potent was because there was some underlying wrongdoing that made Patton Boggs and the others perceive a serious risk of liability” is wrong. It is true, as he says, that some “allies” like Burford were “spooked,” in the sense that as soon as they heard Chevron’s allegations they starting looking for the exit (including, in Burford’s case, by coordinating with Chevron behind their own clients’ backs). Others were the victims of flat-out, unapologetic economic extortion campaigns, such as folks from Stratus Consulting, the company that Chevron brought to its knees by crushing it with litigation, intervening in a dispute with its litigation insurer to make sure the insurer would not cover the litigation expenses, and sending smear-campaign letters to Stratus’ other clients. (How we all tolerate this kind of conduct as just “part of the game” is beyond me.) But allies who took the time to unpack Chevron’s allegations and really understand the facts did not end up abandoning ship.
Continue reading Aaron Marr Page on the Special Rapporteur Letter