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Case of the Day: Castro v. Tri-Marine Fish
The case of the day is Castro v. Tri-Marine Fish Co. (9th Cir. 2019). Michael Castro, a national of the Philippines who lived in American Samoa, was a deck hand aboard the F/V Captain Vincent Gann. He was seriously injured during the voyage. Tri-Marine transported him to the Philippines and paid his medical expenses and […]
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Case of the Day: Outokumpu Stainless v. Converteam
The case of the day is Outokumpu Stainless USA, LLC v. Converteam SAS (11th Cir. 2018). Outokumpu had a steel factory in Alabama. Its predecessor in interest had a contract with a firm called Fives to buy three cold rolling mills for use in the factory. The contract had an agreement to arbitrate requiring arbitration […]
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Case of the Day: Fiorilla v. Citigroup Global Markets
The case of the day is Fiorilla v. Citigroup Global Markets, Inc. (S.D.N.Y. 2018). John Leopoldo Fiorilla brought an arbitration against Citigroup in 2010. Fiorilla, a self-described “unsophisticated” investor, opened an account with Citi in 2006 to manage his $19.5 million life savings. He alleged that through “mismanagement and malfeasance,” Citi “eviscerated” his savings, which […]
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Case of the Day: Hardy Exploration v. India
The case of the day is Hardy Exploration & Production (India), Inc. v. Government of India (D.D.C. 2018). It’s a rare example of a US court refusing to confirm an international arbitral award on the grounds that it violates US public policy. Hardy had a contract with the Indian government to search for and extract […]
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Case of the Day: Sharp v. Hisense USA
The case of the day is Sharp Corp. v. Hisense USA Corp. (D.D.C. 2017). Sharp, a Japanese electronics company, entered into a trademark license agreement with Hisense, a Chinese manufacturer. The agreement had an agreement to arbitrate disputes in Singapore under the SIAC rules. Sharp terminated the agreement, arguing that Hisense had failed to perform. […]