Tag: Hague Evidence Convention

  • A Letter Of Request Embodies Comity

    Anyone who has filed a motion for issuance of a letter of request knows that the Aérospatiale factors provide the framework for deciding whether the court should issue the letter. Right? But there is an important point that I think is indisputably true yet also rarely discussed. The question in Aérospatiale was whether a foreign […]

  • Case of the Day: Begisholli v. KBR

    The case of the day is Begisholli v. KBR Government Operations. It comes out of a corner of the legal world that was utterly unknown to me a year ago. The Defense Base Act is a federal statute that gives a worker’s compensation-like benefit to employees of US government and military contractors injured at work […]

  • Evidence Convention: Swiss Practice May Be Changing

    Evidence Convention: Swiss Practice May Be Changing

    The Swiss government has published a draft bill that, if enacted, would authorize Switzerland to modify its declarations under Article 15 to 17 of the Evidence Convention to give its permission generally for willing witnesses to be questioned in foreign proceedings by telephone or video conference. By way of background, Chapter 2 of the Convention […]

  • Case of the Day: Fleites v. Mindgeek

    The case of the day is Fleites v. Mindgeek SARL (C.D. Cal. 2022). The plaintiff, a victim of child sex abuse, accused the defendants of soliciting and monetizing her “child sexual abuse material.” The decision isn’t clear on this, but I assume this means that the defendants somehow sold images or videos of the abuse. […]

  • Case of the Day: McCarthy v. Johnson

    The case of the day is McCarthy v. Johnson (D.D.C. 2022). I wrote about the last round a few months ago. Decades ago, Helen McCarthy sued Michael Heath Johnson in the District of Utah, alleging that he had converted her property, including an ownership stake in the Salt Lake Tribune and real property in Bel […]