The case of the day is Probulk Carriers Ltd. v. Marvel International Management and Transportation (S.D.N.Y. 2016). The underlying case was for breach of a charter party. Arbitration in London yielded an award in favor of Probulk, and the court in New York had entered a default judgment recognizing and enforcing the award and providing for damages of more than $12 million. Marvel was a Turkish firm; one of its principals was the father of Tolga Karacelik, a Turkish citizen who lived in Turkey.
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The case of the day is Grupo Mexico SAB de CV v. SAS Asset Recovery, Ltd. (5th Cir. 2016). This was a § 1782 case with an unusual twist. Grupo Mexico was involved in litigation in Mexico and sought discovery from SAS, which had offices in Dallas. After the district court granted the ex parte application (which included, as a necessary finding, that SAS was “found” in the Northern District of Texas), SAS evaded service of process in Dallas, leading Grupo Mexico ultimately to serve the subpoena on its registered agent in the Cayman Islands, via the Hague Service Convention. Grupo Mexico then moved to quash, arguing that the service was improper because it failed to comply with Cayman law, and also that the court lacked personal jurisdiction. The judge denied the motion, in part on the grounds that SAS had waived objections to service and the jurisdiction by failing to object timely to the subpoena. SAS appealed.
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Update: According to the BBC, McIntyre means to bring an action in the High Court in Belfast to try to stop the latest subpoena.
The US government, acting pursuant to the US/UK mutual legal assistance treaty, has apparently obtained an order from the District Court in Boston for issuance of a subpoena to Boston College in the Belfast Project case. We can glean from the new subpoena that the UK authorities are investigating charges including attempted murder, illegal possession of explosives, conspiracy, illegal possession of an imitation firearm, and membership in a proscribed organization. On their behalf, the US government is seeking the recordings of interviews of Anthony McIntyre (that is, interviews in which he is the person interviewed, not interviews in which he was the interviewer).
Continue reading Belfast Project: A New Subpoena To Boston College