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Briefs of the Day: Law Professor Amici Weigh In on the Chevron Injunction
H/T to International Law Grrls and Opinio Juris for their posts on dueling amicus briefs in Chevron Corp. v. Naranjo, the case now on appeal in the Second Circuit, in which Chevron sought and obtained a preliminary injunction barring the Lago Agrio plaintiffs from seeking recognition and enforcement of the multi-billion dollar Ecuadorian judgment against……
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Case of the Day: Nasr v. El-Harke
The case of the day, Nasr v. El-Harke (Minn. Ct. App. 2011), involves recognition and enforcement of a Lebanese child custody order. Ordinarily I do not cover the child custody cases my Westlaw query captures, which generally arise under the Hague Convention on the Civil Aspects of International Child Abduction. For one thing, there are……
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Case of the Day: Scheck v. Republic of Argentina
The case of the day is Scheck v. Republic of Argentina (S.D.N.Y. 2011). Scheck had a German judgment against Argentina arising out of Argentina’ default on its German bonds. Scheck sought recognition and enforcement of the judgment in New York. (Why was the case in federal court? Although actions to enforce foreign judgments arise under……
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Case of the Day: Vitol S.A. v. Capri Marine, Ltd.
The case of the day is Vitol S.A. v. Capri Marine Ltd. (D. Md. 2010), an action to enforce an English judgment. In 2000, the vessel Alambra was involved in a “marine pollution incident” in Estonian waters. Capri owned the Alambra, and Vitol had chartered the vessel. After the incident, Vitol sued Capri in the……
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Case of the Day: Osorio v. Dow Chemical Co.
The Case of the Day, Osorio v. Dow Chemical Co. (11th Cir. 2011), is reminiscent of the Lago Agrio case. Claim for massive environmental tort in Latin America? Check. A large group of workers and peasants as plaintiffs? Check. Claims of procedural improprieties and partiality in the Latin American courts? Check. American reluctance to recognize……