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Legislation of the Day: Ecuador To Refuse To Enforce Spanish Mortgages
Nicolás Zambrana Tévar has posted at Conflict of Laws.net on an unusual and maybe ridiculous bill before the Ecuadoran parliament on the recognition and enforcement of foreign judgments. I’ve written before about the SPEECH Act, the new US statute that forbids recognition and enforcement of foreign judgments in defamation cases unless the foreign proceedings gave……
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Case of the Day: Guessous v. Chrome Hearts, LLC
The case of the day, Guessous v. Chrome Hearts, LLC (Cal. Ct. App. 2011), is another example of a party seeking recognition of a foreign judgment for defensive rather than offensive purposes, i.e., in order to defend against a claim in a US court on grounds of res judicata. In the mid-1990s, Chrome Hearts sued……
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NML Capital Goes To Europe
NML Capital, one of Argentina’s creditors, has been trying to collect on a US judgment for years. As we saw in NML Capital v. Banco Central (2d Cir. 2011), the case of the day from July 8, 2011, the Second Circuit held that the assets of the Argentine Central Bank on deposit with the Federal……
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Case of the Day: Diamond Offshore (Bermuda) Ltd. v. Haaksman
The case of the day, Diamond Offshore (Bermuda) Ltd. v. Haaksman (Tex. App. 2011), asks about the limits of the judgment debtor’s power to resist recognition of a foreign judgment on the grounds that the foreign court wrongly ignored the parties’ exclusive choice of forum clause. Diamond Offshore (Bermuda) operated an oil rig off the……
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Case of the Day: US v. Kashamu
The case of the day is United States v. Kashamu (7th Cir. 2011). Buruji Kashamu, a Nigerian national, was indicted by a grand jury in the Northern District of Illinois in 1998 for conspiracy to import and distribute heroin. The indictment named him under his own name and under two supposed aliases: “Alaji” and “”Kasmal.”……