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Case of the Day: In re Berlamont
The case of the day is In re Application of Berlamont (S.D.N.Y. 2014). Franck Berlamont applied for leave to serve a subpoena under § 1782 in order to obtain a transcript of testimony Rajiv Jaitly gave in a deposition in an earlier New York case, Rembaum v. Banco Santander. The deposition had, apparently, taken place……
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Case of the Day: Flame S.A. v. Freight Bulk Pte. Ltd.
The case of the day is Flame S.A. v. Freight Bulk Pte. Ltd. (4th Cir. 2014). Flame was a Swiss shipping and trading company. It entered into forward freight swap agreements with Industrial Carriers, a firm organized under an unspecified country’s law that did business in New York. “What’s a forward freight swap agreement,” I……
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Case of the Day: Louis Dreyfus Commodities Suisse v. Financial Software Systems
The case of the day is Louis Dreyfus Commodities Suisse S.A. v. Financial Software Systems, Inc. (Pa. 2014). Dreyfus had obtained a judgment in the English High Court for $717,733.12 for breach of contract against FSS. It sought to collect in Pennsylvania, though as we shall see it made an elementary mistake.
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Case of the Day: Blagman v. Apple
The case of the day is Blagman v. Apple, Inc. (S.D.N.Y. 2014). Norman Blagman sued Apple, Google, Microsoft, Emusic.com, and others on behalf of a purported class, alleging that the defendants had made musical works available for sale online without obtaining licenses from the owners of the copyrights. The theory was that foreign record labels……
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Case of the Day: Landauer Ltd. v. Joe Monani Fish Co.
The case of the day is Landauer Ltd. v. Joe Monani Fish Co. (N.Y. 2014). This is the appeal of the case of the day from January 9, 2013. The trial court had dismissed an action for recognition and enforcement of an English judgment on personal jurisdiction grounds, and the Appellate Division (New York’s intermediate……