Our constitution provides: Nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb. That is the protection against double jeopardy. It s not an American invention. The common law had a wonderful name for the plea that since a defendant had already been acquitted of a Continue Reading Jury nullification and the case of Rajiv Menon The post Jury nullification…
The case of the day is Salinas v. Astor Asset Management 3 Ltd. [2026] EWCA Civ 940. What an interesting case. Ricardo Salinas Pliego was a wealthy Mexican businessman. He was looking to borrow money in 2021, and he was introduced to Gregory Mitchell and Thomas Mellon, who were supposedly senior representatives of Astor Capital Continue Reading Case of the Day: Salinas v. Astor Asset Management…
For the 250th anniversary of American independence, I m going to do three things that Americans love to do: give an ode to the common law, speak ill of our political leaders, and express optimism about the future. The common law. We do a pretty good job of keeping the spirit of the common law alive. Continue Reading Independence Day! The post Independence Day! appeared first on Letters Blogatory .…
The case of the day is JC Cannistraro LLC v. Columbia Construction Co. (Mass. 2026). Columbia had a contract to renovate a building in Walpole, Mass. It had a subcontract with Cannistraro, which had an arbitration clause that read: At the sole election of [Columbia], any disputes shall be resolved by arbitration in accordance with Continue Reading Case of the Day: JC Cannistraro LLC v. Columbia…
The case of the day is Kangol LLC v. Hangzhou Chuanyue Silk Import Export Co. (7th Cir. 2026). I covered the case back in October, when I submitted an amicus brief on behalf of friends-of-Letters-Blogatory Bill Dodge and Maggie Gardner. In today s case, the Seventh Circuit has now joined the Second Circuit and the Continue Reading Case of the Day: Kangol v. Hangzhou Chuanyue Silk Import Export Co.…
The US embassy in Tokyo has ceased notarizing affidavits of competency to marry that US citizens need (or maybe used to need) to marry in Japan. The embassy published an interesting and, to me, baffling note, which I learned of in a post by Levi Pells on LinkedIn, explaining its reasoning: Marriages fall within the Continue Reading Strange guidance from the US embassy in Tokyo on affidavits of…
The case of the day is Whoop, Inc. v. Serinity Group (D. Mass. 2026). The case is, in a sense, routine, but I wanted to write about it because it s a Massachusetts decision, because I like the Whoop company name, and because it illustrates a couple of familiar but still useful points about service by Continue Reading Case of the day: Whoop v. Serinity Group The post Case of the day: Whoop v.…
In my post on the beginning of the war with Iran, I wrote: I have grave concerns about whether this President has the moral authority to take the country to war. That concern has grown and grown over the last month. And it s not just a concern about moral authority. It s a concern about strategic Continue Reading War is not a TV show The post War is not a TV show appeared first on Letters…
Readers, MCLE has just published the fourth edition of Federal Civil Litigation in the First Circuit. The book, edited by Francis D. Dibble Jr., includes many useful chapters. I particularly like Judge Ponsor s chapter on oral argument, which has helpful advice, including Never allow your adversary to be more reasonable than you are, Just say Continue Reading Chapter of the Day: Recognition of…
The case of the day is Fox Corp. v. Media Deportes Mexico S. de R.L. de C.V. (S.D.N.Y. 2026). The case raises a perennial Letters Blogatory question: when the Hague Service Convention applies, can you serve a temporary restraining order or a preliminary injunction on a defendant in a way that you couldn t serve the Continue Reading Case of the day: Fox Corp. v. Media Deportes Mexico The post Case…