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Lago Agrio: Argentine Supreme Court Rejects LAP Appeal
The Argentine Supreme Court has rejected, apparently without a written decision, the appeal of the Lago Agrio plaintiffs from the lower courts’ refusal to recognize the Ecuadoran judgment. I am not aware of any other enforcement proceedings pending anywhere else in the world, so it could be that this really is the end of the […]
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Don’t Forget The Restatement (Fourth)
In my post on Clay v. Hilton, I gave what I think is the usual or orthodox view: a judgment of state A that is recognized in state B has the preclusive effect that it would have in state A. It doesn’t have more preclusive effect in order to avoid mischief. It doesn’t have less […]
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Case of the Day: Clay v. Hilton
The case of the day is Clay v. Hilton Worldwide Holdings, Inc. (W.D. Wash. 2020). Clay was in Phuket, Thailand, for a business conference. When he was strode on the stage during his presentation, he tripped and fell, suffering a serious injury. He sued the company that owned the hotel and the company that managed […]
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Case of the Day: Vischer AG v. Apollo Enterprise Solutions
The case of the day is Vischer AG v. Apollo Enterprise Solutions, Inc. (Cal. Ct. App. 2019). Vischler, a Swiss firm, had obtained a judgment for $160,000 for breach of contract against Apollo in the Commercial Court in Zurich. Vischer sought recognition in California and asserted that the Swiss judgment entitled it to damages in […]
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Case of the Day: DeJoria v. Maghreb Petroleum Exploration
The case of the day is DeJoria v. Maghreb Petroleum Exploration S.A. (5th Cir. 2019). I covered a prior Fifth Circuit decision back in 2015, and an even earlier district court decision in 2014. John Paul DeJoria,the billionaire behind the Paul Mitchell hair care line, went into the oil exploration business, hoping to discover reserves […]