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Compelling German Third-party Witnesses to Testify in US Litigation
IJA Brigade member Peter Bert is back with a practical piece on procedure under the Hague Evidence Convention in Germany. This is cross-posted from Peter’s blog. In US-German disputes, the question often arises whether a party in US litigation can compel a third-party witness who is a German resident and does not volunteer to testify……
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Article of the Day: Chang & Chang on the Chinese Bank Secrecy Cases
The article of the day is Megan C. Chang and Terry E. Chang, Brand Name Replicas and Bank Secrecy: Exploring Attitudes and Anxieties Towards Chinese Banks In The Tiffany and Gucci Cases, 7 Brook. J. Corp. Fin. & Com. L. 425 (2013). Unfortunately, the paper does not seem to be freely available online. The article……
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Case of the Day: Van Sommeren v. Gibson
The case of the day is Van Sommeren v. Gibson (Ohio Ct. App. 2013). The case involved a dispute in the dairy farming industry in Ohio that I won’t try to summarize. The plaintiff wanted the testimony of a non-party residing in the Netherlands. The trial court obliged by issuing a letter of request under……
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Case of the Day: CE International Resources Holdings v. S.A. Minerals
The case of the day is CE International Resources Holdings, LLC v. S.A. Minerals LP (S.D.N.Y. 2013). CEIR commenced an arbitration against S.A. Minerals and Tantalum Technology in 2012, alleging a breach of contracts for the purchase and sale of synthetic concentrates. After learning that S.A. Minerals had been dissolved, CEIR amended its claim to……
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Case of the Day: Wultz v. Bank of China
The case of the day is Wultz v. Bank of China Ltd. (S.D.N.Y. 2013). We first considered this case in November 2012. Here was my description of the facts from the prior post: In 2006, Daniel Wultz was killed, and Yekutiel Wultz injured, in a suicide bombing in Tel Aviv. Members of the Wultz family……