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Case of the Day: Flame S.A. v. Freight Bulk Pte. Ltd.
The case of the day is Flame S.A. v. Freight Bulk Pte. Ltd. (4th Cir. 2014). Flame was a Swiss shipping and trading company. It entered into forward freight swap agreements with Industrial Carriers, a firm organized under an unspecified country’s law that did business in New York. “What’s a forward freight swap agreement,” I……
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Case of the Day: Louis Dreyfus Commodities Suisse v. Financial Software Systems
The case of the day is Louis Dreyfus Commodities Suisse S.A. v. Financial Software Systems, Inc. (Pa. 2014). Dreyfus had obtained a judgment in the English High Court for $717,733.12 for breach of contract against FSS. It sought to collect in Pennsylvania, though as we shall see it made an elementary mistake.
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Case of the Day: Garcia v. Kerry
The case of the day is Garcia v. Kerry (5th Cir. 2014). Ernesto Garcia applied to the State Department for a passport. He included with his application a Texas birth certificate purporting to show that he was born in Laredo, Texas. The State Department requested additional information, because, it said, The person who certified the……
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Case of the Day: Commissions Import Export SA v. Republic of the Congo
The case of the day is Commissions Import Export S.A. v. Republic of the Congo (D.C. Cir. 2014). This is the appeal of the decision I reported in January 2013. The holding in the District Court was that where a party to a foreign arbitration has obtained a judgment confirming the award from a foreign……
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Case of the Day: Landauer Ltd. v. Joe Monani Fish Co.
The case of the day is Landauer Ltd. v. Joe Monani Fish Co. (N.Y. 2014). This is the appeal of the case of the day from January 9, 2013. The trial court had dismissed an action for recognition and enforcement of an English judgment on personal jurisdiction grounds, and the Appellate Division (New York’s intermediate……