Civil Law

Three Arrows Capital Co-Founder Avoids Contempt and Sanctions in United States, But Bankruptcy Court Previews Worldwide Enforcement Options

On June 27, 2022, Three Arrows Capital (“3AC”), a crypto hedge fund, commenced liquidation proceedings in the British Virgin Islands and thereafter filed recognition proceedings in, among other countries, the United States and Singapore.  As we discussed earlier this year, on December 2, 2022, the bankruptcy court presiding over 3AC’s chapter 15 proceeding pending in the Southern District of New York held that the 3AC joint liquidators (the “JLs”) could serve a subpoena (the “U.S. Subpoena”) upon a 3AC cofounder, … Read the rest

Civil Law

District of Utah Recognizes Product Liability “Big Three”

When this blogger thinks about the “Big Three” her mind goes to This is Us – Kevin, Kate and Randall.  Admittedly, that’s not the only “Big Three.”  Most people probably go to Great Britain, the United States, and the Soviet Union in World War II.  But that alliance certainly was shorter than the Pearsons.  Now, if you want longevity, ABC, CBS, and NBC are referred to as the Big Three in traditional broadcast television.  Being the Big Three prior … Read the rest

Supreme Court

A tale of three districts

A tale of three districts

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It might be fairly said that in recent decades venue in criminal cases has not been the hottest topic on the court’s docket. Nevertheless, as the briefs in Smith v. United States emphasize, the criminal venue right was so significant to the Framers that the Constitution addressed it twice. The original Constitution provides in Article III that jury trials in criminal cases “shall be held in the State where the said Crimes shall have been committed.” The Sixth Amendment … Read the rest

Supreme Court

In major immigration case, both sides look to academia to untangle three knotty questions

In major immigration case, both sides look to academia to untangle three knotty questions

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Can the Biden administration issue guidelines setting priorities in the enforcement of immigration law? Do states have standing to challenge these guidelines? And if the guidelines are unlawful, does the Administrative Procedure Act give lower courts the power to vacate them — a universal remedy that goes beyond the parties to the case? These are the three questions before the Supreme Court in United States v. Texas, set to be argued on Nov. 29. Legal scholars have addressed … Read the rest

Supreme Court

With three conservatives dissenting, court declines to intervene on behalf of Air Force officer who won’t get vaccinated

With three conservatives dissenting, court declines to intervene on behalf of Air Force officer who won’t get vaccinated

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The Supreme Court on Monday turned down a plea from a lieutenant colonel in the Air Force Reserve to block the Air Force from disciplining him because he is not vaccinated against COVID-19. Three justices – Clarence Thomas, Samuel Alito, and Neil Gorsuch – indicated that they would have granted the request and allowed him to continue to serve while his appeal continues.

The case, Dunn v. Austin, was brought by Lt. Col. Jonathan Dunn, an Air Force … Read the rest