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Case of the Day: Asarco v. Xstrata
The case of the day is Asarco LLC v. Xstrata plc (D. Utah 2013). The claim was for contribution under CERCLA. According to Xstrata’s characterization of the return of service, which for unclear reasons is not publicly available via PACER: [t]he documents were served by posting them through the defendant company’s letterbox at the registered……
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Belfast Project: The Government Opposes the Petition for Certiorari
The government has filed its opposition to the petition of Ed Moloney and Anthony McIntyre for a writ of certiorari in the Belfast Project case. The brief is, of course, of very high quality, as is almost always the case with briefs by the office of the Solicitor General. Of course, it’s easy for me……
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Belfast Project: the Government Says The Case Is Not Moot
As predicted, the government has responded to Boston College’s suggestion of the death of Dolours Price by arguing that the investigation in the UK is not limited to making a criminal case against Ms. Price herself. In its memorandum, the government chides BC for making an argument so cursory that it “would ordinarily be deemed……
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Belfast Project: Boston College Seeks To Vacate Judge Young’s Order And Dismiss Its Own Appeal
Yesterday, Boston College filed a Suggestion of Death of Dolours Price. The procedure is a little odd, since Ms. Price was not a party to the proceedings: FRAP 43(a)(1) provides: If a party dies after a notice of appeal has been filed or while a proceeding is pending in the court of appeals, the decedent’s……
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Case of the Day: New Hampshire Insurance Co. v. Magellan Reinsurance Co.
The case of the day is New Hampshire Insurance Co. v. Magellan Reinsurance Co. (Tex. Ct. App. 2013). NHIC filed a winding-up petition against Magellan in the courts of the Turks and Caicos Islands. The Supreme Court (the court of first instance) ruled in NHIC’s favor, but on appeal the Court of Appeal reversed, holding……