Tag: Hague Evidence Convention

  • Case of the Day: Ben Haim v. Doe

    Case of the Day: Ben Haim v. Doe

    The case of the day is Ben Haim v. Doe (D.D.C. 2023). Tamar Ben Haim, who lives in Jerusalem, alleged that she was assaulted by an unknown, off-duty agent with the Secret Service who was on the advance team preparing for President Biden’s visit to Israel in 2022. Following the alleged assault, she claimed, the……

  • Case of the Day: Monsanto v. Kilgore

    The case of the day is Monsanto Co. v. Kilgore (Ark. 2023). Cornelius Kilgore sued Monsanto in Drew County, Arkansas, alleging that he suffered from cancer that had been caused by his long-term exposure to Monsanto’s Roundup-brand products. They sought to take a deposition, by notice, of Bauman, the CEO of Bayer AG, Monsanto’s parent……

  • 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……