The Lawyer. Revista Centroamericana

desde Septiembre 2015
Último Número: Abril 2017

The Lawyer. Revista Centroamericana


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Núm. 5, Abril 2017

Copyright

In copyright dispute over photographs of works of Picasso where French party prevailed and sought to enforce judgment in California, Ninth Circuit concludes that French award ("astreinte") falls within the Uniform Recognition Act as a judgment that "[g] rants . . . a sum of money

Extradition

Sixth Circuit reviews habeas corpus challenge to extradition by a Balkan native and naturalized U.S. citizen who allegedly committed crimes against ethnic Serbs; Bosnian Court made a finding of probable cause that satisfies the requirement of "duly authenticated copy of the warrant of arrest" under Extradition Treaty

Jurisdiction/Discovery

Fifth Circuit reviews appeal of Mexican party seeking discovery from Texas-based businesses for pending litigation in Mexico; one of the defendants evaded service and eventually its Cayman Islands registered agent was served; Court now rejects argument that district court lacked jurisdiction to issue a Rule 45 subpoena for a Cayman Islands citizen, in the Cayman Islands or the jurisdiction to enforce the subpoena.

Patents

In case of patent infringement lawsuits in Delaware and Germany, Eighth Circuit reviews §1782 discovery request for use in German case; Delaware district court properly refused to modify the protective order to allow use of the information in the German case where German court had not yet ruled on discovery request.

Terrorism

Second Circuit reviews case where Plaintiffs are seeking to enforce judgments for terrorism related injuries and deaths against Iran; Iranian party argues that Iran Threat Reduction and Syria Human Rights Act of 2012, Section 8772, violates U.S. separation of powers because it was solely directed at this specific case.

Vienna Convention

Fifth Circuit denies Certificate of Appealability in case of Mexican citizen on death row who claims that Texas law enforcement officers had failed to inform him of his rights under the Vienna Convention on Consular Relations; the Convention creates no judicially enforceable individual rights.


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