Podcast - A Tortured Journey with the Lying Witness
In the context of asset recovery, a successful outcome largely depends on the ability of a claimant to garner sufficient disclosure of assets that are amenable to enforcement. This, in turn, explains why the powerful...more
In a ruling dated 2 April 2024 (Tribunal Judiciaire de Paris, 2 April 2024, RG no. 24/51659), the President of the Tribunal Judiciaire de Paris confirmed that he could no longer be seised in référé (summary proceedings)...more
Plaintiffs frequently tack on negligent misrepresentation claims to ordinary business disputes. A negligent misrepresentation claim alleges that one party carelessly supplied incorrect or incomplete information on which the...more
The United Kingdom’s Civil Procedure Rule Committee recently approved methods of extra-jurisdictional service of Norwich-type information orders that could make it easier to pursue cross-border economic crime disputes in...more
Think back-dating that email will help your case? Think again. Ford v. Jurgens, 2022 NCBC Order 9 (N.C. Super. Ct. Feb. 16, 2022) involved a dispute between a nonprofit real estate investment association (“the...more
Litigation is, on one analysis, all about telling stories to impartial decision makers. Complex commercial litigation means that those stories are more detailed, more involved and more intricate. That means that telling the...more
M & M Realty Partners at Hagen Ranch, LLC v. Mazzoni, Case No. 18-13536 (11th Cir. 2020). A “binding financial commitment” from a third party, including a wholly owned business entity, is required in order to satisfy the...more
Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes....more
In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more
English Supreme Court rules that there is no reasonable diligence requirement barring a fresh action to set aside a judgment obtained by fraud. Introduction - In Takhar v Gracefield Developments Limited and others...more
The English Court has set aside permission to bring proceedings against foreign defendants based on non-disclosures and subsequent conduct. The recent decision in Punjab National Bank (International) Limited v Ravi...more