Applying choice-of-law principles of Restatement Second and governmental interest analysis in admiralty contract case, Eleventh Circuit rules that district court erred in applying United States law rather than law of Greece.
Dresdner Bank AG in Hamburg, Kreditandstalt fuer Wiederaufbau, and Norddeutsche Landesbank-Girozentrale (the Banks) filed a complaint in a Florida federal court in rem against the M/V OLYMPIA VOYAGER a 157.90 meter Blohm Voss GmbH motor vessel, Hull No. 961, her engines, tackle equipment, rigging, dinghies, furniture, appurtenances, etc., (the...

In suit for damages against English magazine that published photos secretly taken by paparazzo at movie stars' invitation-only New York wedding reception, English Court of Appeal (Civil Division) (1) approves Couples' damages judgment for invasion of their private event and (2) upholds damages awarded to publication with which Couple had contracted as exclusive publisher of authorized photographs.
This litigation arose out of the publication by Hello! magazine of unauthorized photographs of the November 2000 wedding between movie stars, Michael Douglas and Catherine Zeta-Jones (the Couple), at the Plaza Hotel in New York City. After the Couple had negotiated with several U.K. publications, they chose...

In action to enforce British money judgments against U.S. parties, Tenth Circuit permits enforcement, rejecting challenges to the fundamental fairness of the English court system.
Lloyd's is the regulator of the London insurance market, authorized by an Act of Parliament. Individuals and company members of Lloyd's are called "Names" and underwrite insurance. The Names have several (rather than joint) liability. A condition of membership is signing on to the General Undertaking Agreement, requiring submission...

Fourth Circuit vacates lower court's decision over rights to artifacts recovered from sunken wreck of R.M.S. Titanic for lack of in rem jurisdiction over artifacts.
While on its maiden voyage to New York from England, the "unsinkable" R.M.S. Titanic went down in the North Atlantic on April 14, 1912, after striking an iceberg. Of the more than 2,200 persons aboard the 46,000 ton liner, about 1,500 perished, mostly from drowning or from hypothermia. ...

Federal Circuit vacates jurisdictional dismissal in patent dispute between French government research agency and major international manufacturers, and remands for allowance of jurisdictional discovery denied by lower court.
Commissariat a L'Energie Atomique (CEA) is a French government research agency that develops new technologies for sale and licensing to the private sector. CEA owns, inter alia, two patents dealing with the manufacture of liquid crystal displays (LCDs) used in the latest computer monitors and television screens. Chi Mei...

In international extradition matter, Third Circuit affirms denial of habeas corpus petition which argued invalidity of treaty and risk of torture or death and defers to Secretary of State for final decision on extradition order sought by Albanian Government.
In response to an Albanian request, the U.S. government filed for the extradition of Krenar Hoxha (Petitioner). Although born in Albania, Petitioner became a naturalized American citizen in 2002. Albania sought his extradition to stand trial for the alleged 1996 murders of three Albanian citizens. In making...

Ninth Circuit approves injunction against party from pursuing subsequent parallel action in Brazil where Brazilian party had fully taken part in U.S. proceedings and had brought the Brazilian lawsuit seven months after final judgment in U.S.
Triton Container International Ltd. (Triton), a lessor of ocean cargo containers, brought a breach of contract action in the District Court for the Northern District of California against Di Gregorio Navegacao Ltda. of Brazil and several other parties (jointly Di Gregorio). Eventually, the district court awarded Triton almost $4.5...

Who was responsible for sponge left in patient?
CASE ON POINT: Arechiga v. Arguilez, No. (Cal.App. Dist.4 06/29/2006) --CA ISSUE: Ordinarily, surgeons have the ultimate responsibility for foreign objects left in patients after surgery. In this California case, a patient who had a surgical sponge left in her after surgery appeared to have a "slam-dunk"...

Life term 25 yrs after acquittal.
Byline: Bhadra Sinha NEW DELHI: After almost 25 years, justice finally prevailed on Friday for the family of Satpal whose killer had been acquitted of his murder in 1981. The Delhi High Court found that Satpal had been murdered by his nephew on account of dispute over...

PA: failure to call RNs who witnessed treatment: was there inference of adverse testimony?
CASE FACTS: George Hawkey suffered dog bites on his hand. He was treated immediately at Meadville Medical Center's (MMC) emergency room by Dr. Paul Peirsel. Dr. Peirsel noted that Hawkey presented with one large laceration and numerous smaller puncture wounds. Dr. Peirsel treated and discharged Hawkey. Hawkey developed an...