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Case of the Day: Simmons v. Sabine River Authority
The case of the day is Simmons v. Sabine River Authority of Louisiana (W.D. La. 2011). Simmons sued Louisiana government agencies and Entergy Corp. and affiliates on behalf of a purported class of landowners near the Sabine River. The claim was that the defendants caused a catastrophic flood by opening the floodgates of the Toledo……
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Case of the Day: Tricon Energy, Ltd. v. Vinmar International Ltd.
The case of the day is Tricon Energy Ltd. v. Vinmar International, Ltd. (S.D. Tex. 2011). Vinmar and Tricon were both US companies in the aromatics industry. Vinmar had contracted to purchase 5,000 metric tons of mixed xylene from Tricon for delivery in Asia. Tricon accused Vinmar of breaching the contract and demanded arbitration. The……
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Case of the Day: Kudu Co. v. Latimer
The case of the day is Kudu Co. v. Latimer (E.D. Tex. 2011). Kudu sued for confirmation of a Thai arbitral award against Latimer. Latimer first moved to dismiss on the grounds that he had not been served with process. The dispute centered on whether Latimer actually resided at the Texas address where he was……
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Case of the Day: Thai-Lao Lignite (Thailand) Co. v. Government of the Lao People’s Democratic Republic
Lignite is a low-quality coal used for generating electricity. The Hongsa region of Laos, near the Thai border, has it, and in the early 1990s, Thailand needed to import electricity. And so a joint venture was born. Thai-Lao Lignite, a Thai company, entered into a Project Development Agreement with the Lao government giving it exclusive……
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Case of the Day: Continental Transfert Technique Ltd. v. Nigeria
The case of the day is Continental Transfert Technique Ltd. v. Federal Gov’t of Nigeria (D.D.C. 2011). An earlier decision provides the factual background. In 1999, Continental contracted with the Nigerian government to produe computer-compatible identification cards. The contract contained an interesting arbitration clause, providing that any dispute shall be referred to arbitration in accordance……