Tag: Germany

  • Peter Bert on Damages for Violations of Choice of Court Agreements in Germany

    Friend of Letters Blogatory Peter Bert brings us a report of a very recent case from the Bundesgerichtshof on the question of damages for violations of a choice of court agreement. Peter has cross-posted this on his blog, Dispute Resolution in Germany. In a judgment last week, the Federal Supreme Court (Bundesgerichtshof) has found a […]

  • Kuwait Airways Case: An Update From Germany

    Kuwait Airways Case: An Update From Germany

    I’ve written a bunch about the Kuwait Airways litigation. The airline had refused to carry Israeli nationals. In the US case, which was an administrative proceeding before the Department of Transportation, the airline refused to carry an Israeli from New York to London. The airline shamefully dropped the route rather than obey an administrative order […]

  • Case of the Day: AIS v. Thoratec

    The case of the day is AIS GmbH Aachen Innovative Solutions v. Thoratec LLC (9th Cir. 2019). AIS and Abiomed Europe GmbH sought leave to take discovery under § 1782 in aid of a patent infringement case Abiomed had brought against Thoratec in Germany involving heart pumps. A magistrate judge granted the application and ordered […]

  • Case of the Day: Hulton v. Bayerische Staatsgemaldesammlungen

    Case of the Day: Hulton v. Bayerische Staatsgemaldesammlungen

    The case of the day is Hulton v. Bayerische Staatsgemaldesammlungen (S.D.N.Y. 2018). Michael and Penny Hulton were the heirs of Alfred Flechtheim, a German Jew who was a prominent art collector before the war. Among other paintings, he had works by Beckmann, Gris, and Klee. When the Nazis came to power, Flechtheim fled to Paris, […]

  • Case of the Day: Leutheusser-Schnarrenberger v. Kogan

    The case of the day is Leutheusser-Schnarrenberger v. Kogan (N.D. Cal. 2018). Dan Shefet, the president of the Association for Accountability and Internet Democracy, a French group, and Sabine Leurheusser-Schnarrenberger, the former German minister of justice, sought leave to serve a subpoena on Aleksandr Kogan under § 1782. Both Leutheusser-Schnarrenberger and Shefet had Facebook accounts. […]