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Case of the Day: Clear Spring v. Arch Nemesis
The case of the day is Clear Spring Property & Casualty Insurance Co. v. Arch Nemesis LLC (D. Kan. 2023). Arch Nemesis owned a yacht that sank off Mexico. It made a claim on Clear Spring, the insurer, which denied the claim and brought an action seeking a declaratory judgment that the policy was void.……
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Case of the Day: Payward v. Chechetkin
The case of the day is Payward, Inc. v. Chechetkin, [2023] EWHC 1780 (Comm). Friend of Letters Blogatory Alexander Shirtcliff of Blake Morgan instructed counsel for Chechetkin, a British national living in England. Chechetkin signed up for an account with the Kraken online cryptocurrency exchange. His contract—a clickwrap contract— was with Payward Ltd. The contract……
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Post of the Day: Lawrence Collins on Section 1782 in the UK
Lawrence Collins (Lord Collins of Mapesbury, former justice of the UK Supreme Court) has a new post at the Transnational Litigation Blog on the use and misuse of Section 1782 in aid of UK litigation. The post has a useful review of cases where the UK courts have enjoined Section 1782 applications, and cases where……
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Interesting Post on the New English Rules on Extraterritorial Disclosure
Jonathan Shaffer-Goddard published an interesting post yesterday at the Transnational Litigation Blog about the October 2022 amendment to the English Civil Procedure Rules regarding extraterritorial disclosure orders. These are orders that the English court can grant ex parte and that can be served on a person abroad, including in the United States, for the purpose……
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Case of the Day: Basfar v. Wong
The case of the day is Basfar v. Wong, [2022] UKSC 20. The case is in a genre that is all too common and that I’ve written about before: a foreign diplomat or consul is accused of violating wage and hour laws or other employment laws by a domestic worker, and then he or she……