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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……
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Massachusetts Adopts the Uniform Enforcement of Foreign Judgments Act
Massachusetts has taken a significant step towards modernizing its law of judgment recognition by adopting the Uniform Enforcement of Foreign Judgments Act. The UEFJA is the uniform law that governs the recognition of sister-state judgments, not foreign country judgments. Until this year, Massachusetts was one of a very few states that still required judgment creditors……
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Lago Agrio: Dutch Supreme Court Affirms Decision In BIT Arbitration
The Hoge Raad (the Dutch Supreme Court) has affirmed a lower court’s decision refusing to annul the interim awards in favor of Chevron in its investment treaty arbitration against Ecuador arising out of the Lago Agrio case. I covered one of the interim awards in February 2012, if you can believe that, as well as……
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Case of the Day: Barer v. Knight Brothers
The case of the day is Barer v. Knight Brothers LLC, 2019 SCC 13. Knight Brothers, a Utah company, sued David Barer, who resided in Quebec, and two companies, CBC and BEC, that Barer allegedly controlled. The claim was that BEC had breached a contract with Knight and that Barer was liable for fraudulent misrepresentation……