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Case of the Day: SerVaas Inc. v. Republic of Iraq
The case of the day is SerVaas Inc. v. Republic of Iraq (2d Cir. 2013) (mem.). We have considered the case twice before: first we looked at the District Court’s decision granting SerVaas’s motion for summary judgment; then we looked at some post-judgment discovery issues. Here were the facts: Servaas had a contract with the……
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Case of the Day: Shoham v. Islamic Republic of Iran
The case of the day is Shoham v. Islamic Republic of Iran (D.D.C. 2013). Batsheva Shoham alleged that while she was driving in the West Bank with her infant son, she was ambushed by members of the Al-Aqsa Martyrs Brigade, a terrorist group. One of the terrorists threw a stone that struck her son, killing……
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Case of the Day: In re Application of Rigby
The case of the day is In re Application of Rigby (S.D. Cal. 2013). In 2009, an involuntary bankruptcy petition was filed concerning Michael R. Mastro. The bankruptcy judge found that Mastro and his wife had made false representations and had fraudulently transferred assets. He ordered their arrest. In 2012, they were arrested in France,……
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Case of the Day: Application of Auto-Guadeloupe Investissement
The case of the day is Application of Auto-Guadeloupe Investissement S.A. (S.D.N.Y. 2012). Auto-Guadeloupe is a French corporation with its offices in Pointe-à-Pitre, Guadeloupe, an overseas department of France. Leucadia is a publicly traded holding company with its offices in New York. The two companies agreed to create a joint venture called Global Caribbean Fiber……
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New French Case On Choice Of Court Agreements
Friend of Letters Blogatory Gilles Cuniberti recently posted on an interesting new decision of the French Cour de cassation on choice of court agreements under Article 23 of the Brussels I regulation. The case involved a dispute between a depositor and her bank. The agreement between the two provided that the depositor could sue the……