Tag Archives: UK

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.
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Case of the Day: Miller v. Secretary of State

Keep Calm for He Is An Englishman

In my July 4 post on Brexit, I wrote:

… to put the EU question directly to the voters flies in the face of what I thought I knew about the UK constitution, particularly the idea of Parliamentary sovereignty. Some of the legal reaction to Brexit seems to bear this out. Assuming for the moment that the decision to invoke Article 50 of the EU Treaty isn’t a matter within the prerogative powers (if it were, the decision would be for the government), doesn’t Parliament still need to vote?

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Case of the Day: Selmani v. Glaxo Smith Kline

The case of the day is Selmani v. Glaxo Smith Kline (D.N.J. 2016). Alexandre Selmani sued Liam Kennedy and others, alleging he was fired in retaliation for whistleblowing. Kennedy, who lived in the UK, was served with process by a process server working on behalf of a solicitor. Kennedy moved to dismiss for insufficient service of process.
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