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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……
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Case of the Day: Sanchez v. Lord
HT to Antonin I. Pribetic for his post on the case of the day, Sanchez v. Lord (Mo. Ct. App. 2011), the first case of the day applying the SPEECH Act. Our previous coverage of the Act, which provides a rule of non-recognition for foreign defamation judgments that do not comply with U.S. constitutional law,……
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Recognition of foreign judgments in defamation cases: the SPEECH Act
Gilles Cuniberti has posted the abstract of Lili Levi’s new paper on The Problem of Trans-national Libel at Conflict of Laws.net, as has Antonin I. Pribetic at the Trial Warrior Blog. The paper discusses the SPEECH Act, 28 U.S.C. §§ 4101-4105, which was enacted last year. Because the SPEECH Act provides a rule of non-recognition……