Second Circuit Finds Mid-Case Default Forfeits Defendants' Right to Appeal

Second Circuit Finds Mid-Case Default Forfeits Defendants' Right to Appeal from Rulings That Statute Creates a Cause of Action and that Personal Jurisdiction Was Present; Remands for Reconsideration of Remedy By Louis M. Solomon In cases where there are solid grounds to believe personal jurisdiction...

Second Circuit Vacates Preliminary Injunction Entered In Favor Of Chevron against Ecuador Judgment, Staying Portion of District Court Case

By Louis M. Solomon We have written on District Judge Kaplan's decision earlier this year - a 127-page decision preliminary enjoining enforcement, anywhere in the world, of an Ecuadorian judgment totaling $8.646 billion obtained by Lago Agrio plaintiffs (indigenous peoples in the Amazonian...

Post-Arbitral Award Proceeding to Pierce Corporate Veil Correct Procedure but Fails on the Merits

By Louis M. Solomon Ahcom, Ltd. v. Hendrik Smelding, et al . , Case No. 07-1139 SC (N.D. Cal. Aug. 2011) [ enhanced version available to lexis.com subscribers ], presents two interesting issues for international litigation and dispute resolution. Nuttery Farms, Inc., a U.S. corporation, defaulted...