Tag Archives: UK

Case of the Day: In re Catalyst Managerial Services

The case of the day is In re Catalyst Managerial Services, DMCC (2d Cir. 2017). The district court had granted Catalyst’s application to take discovery from several banks for use in a breach of contract action that Catalyst had brought against Libya Africa Investment Portfolio in the UK. LAIP’s main argument was that the discovery sought was unduly burdensome, because while Catalyst made a showing that the evidence it sought was related to its claim for lost profits in the UK, Catalyst’s real motive was to obtain evidence it could use to enforce an eventual judgment in the UK case.
Continue reading Case of the Day: In re Catalyst Managerial Services

Case of the Day: Multisports USA v. TheHut.com

Scrooge's Third Visitor
Letters Blogatory wishes its readers a merry Christmas! Credit: Soerfm

The case of the day is Multisports USA v. The Hut.com Ltd. (S.D. Fla. 2016). Multisports sued TheHut.com Ltd., a UK company, for tortious interference in business relationships. The claim was that The Hut.com had tortiously interfered in Multisports’ relationship with Compressport, for which it acted as exclusive US distributor of sports merchandise. Multisports attempted to serve process on TheHut.com by mail, apparently sent by Multisports or its lawyers rather than by the clerk. TheHut.com moved to dismiss for insufficient service of process.
Continue reading Case of the Day: Multisports USA v. TheHut.com

Case of the Day: In re Kleimar N.V.

The case of the day is In re Application of Kleimar N.V. (S.D.N.Y. 2016). Kleimar was engaged in an arbitration against Dalian Dongzhan Group Co. before the London Maritime Arbitration Association. Kleimer brought a § 1782 application seeking leave to take discovery from Vale S.A., a non-party, for use in the arbitration. The issue was whether the LMAA tribunal, a private arbitral tribunal, is a “tribunal” for purposes of § 1782.
Continue reading Case of the Day: In re Kleimar N.V.