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Case of the Day: CE Design v. HealthCraft Products
The case of the day is CE Design Ltd. v. HealthCraft Products, Inc. (Ill. App. Ct. 2017). CE Design, a now-defunct Illinois business, brought a class action in Chicago against HealthCraft, an Ontario business, alleging that HealthCraft had sent it and other class members unsolicited faxes. HealthCraft tendered the defense of the case to its……
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Case of the Day: Iraq Middle Market Development Foundation v. Harmoosh
The case of the day is Iraq Middle Market Development Foundation v. Harmoosh (4th Cir. 2017). The Foundation lent $2 million to Al-Harmoosh for General Trade, Travel, and Tourism, an Iraqi company. The loan agreement had an agreement to arbitrate all “disputes, controversies and claims between the parties which may arise out of or in……
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Lago Agrio: What’s Left For Trial, And What’s Next In Canada?
Yesterday I promised to take a look at the defenses to enforcement of the Ecuadoran judgment that remain for trial in Ontario. Here is an overview. Which Defenses Are Left? The LAPs’ counsel conceded that the claim that the Zambrano judgment was ghostwritten by the LAPs’ lawyers is a permissible defense. The defense could arise……
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Lago Agrio: Ontario Superior Court Rules LAPs Cannot Execute The Ecuadorian Judgment In Canada
As expected, the Ontario Superior Court has rejected the Lago Agrio plaintiffs’ attempt to seize the assets of an indirect Chevron subsidiary, Chevron Canada Ltd., to satisfy the multi-billion dollar judgment they obtained against the ultimate parent, Chevron Corp., in Ecuador. The court found no basis on which the assets of the indirect subsidiary could……
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Case of the Day: Nicholas v. Environmental Systems
The case of the day is Nicholas v. Environmental Systems (International) Ltd. (Tex. Ct. App. 2016). In a Canadian copyright infringement lawsuit brought by Frederick Nicholas against Environmental Systems, Brian G. Cook, Reif Winery Inc., Klaus Reif, and Re/Defining Water Inc., the court awarded costs and attorney’s fees to the defendants. Environmental Systems and the……