Tag Archives: Spain

Case of the Day: Goenechea v. Davidoff

The case of the day is Goenechea v. Davidoff (D. Md. 2016). Juan Miguel Goenechea was a Spanish lawyer. He advised Luis Rullan on the purchase of a summer camp in West Virginia. The purchase of the camp was at issue in Rullan v. Goden, a claim Rullan brought against Jill Goden. Goden’s lawyer, Jonathan Marc Davidoff, sent Goenechea and one of his law partners a letter, in which Davidoff “threatened to sue Goenechea and [his law firm,] Uria Menendez and expressed his ‘shock and dismay’ at what he called the ‘fraudulent scheme’ that Goenechea and Uria Menendez ‘assisted Mr. Rullan [to] perpetuate.’ He called Goenechea’s representation of Rullan ‘abhorrent’ for ‘such a distinguished attorney and law firm,’ and ‘unbecoming of those who practice in the United States, or in fact in any jurisdiction in this world.'” Davidoff also sent similar letters to Freshfields Bruckhaus Deringer and to Ernst & Young, both of which may have had some role in the dispute, though that’s not really clear. With the letters, he included translations of emails between Goenechea and Rullan.

Goenechea claimed that the letters damaged his reputation, and he made a request for conciliation to a court in Madrid. In the conciliation, he sought a “negotiated resolution” of the dispute. He believed that Goden was responsible for obtaining the emails, which were privileged, and he brought a § 1782 application seeking discovery from Goden in aid of the conciliation.
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Case of the Day: Mare Shipping, Inc. v. Squire Sanders (US) LLP

The case of the day is Mare Shipping, Inc. v. Squire Sanders (US) LLP (2d Cir. 2014). The case arose out of the sinking of the Prestige, an oil tanker, off the coast of Spain in 2002, which resulted in a large oil spill. Apostolos Mangouras, the captain of the ship during the accident, had sought a port of refuge in Spain immediately before bad weather caused the ship to sink, but Spain had denied him refuge. After the incident, he was charged with several crimes in Spain, but in the end he was acquitted of all charged except a charge of “serious disobedience to authority.”
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Case of the Day: Cascade Yarns v. Knitting Fever

The case of the day is Cascade Yarns, Inc. v. Knitting Fever, Inc. (W.D. Wash. 2014). The claim in the case was for mislabeling of Knitting Fever’s yarns as to country of origin. Cascade wanted to take document discovery and depositions of the distributors of the accused yarn in Italy and Spain. Both Italy and Spain are parties to the Hague Evidence Convention, and both have made Article 23 declarations.
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