Author: Ted Folkman

  • Case of the Day: Han v. Financial Supervisory Service

    The case of the day is Han v. Financial Supervisory Service (S.D.N.Y. 2018). It’s a very odd case. The plaintiff, Karen Han, brought an action against Financial Supervisory Service, which may or may not be an instrumentality of South Korea. The action sought a judgment declaring that if she serves a subpoena for testimony or……

  • Case of the Day: Baylay v. Eithad Airways

    Case of the Day: Baylay v. Eithad Airways

    The case of the day is Baylay v. Etihad Airways P.J.S.C. (7th Cir. 2018). Martin Baylay, a British national, was a pilot for Etihad, an Abu Dhabi corporation (and, apparently, an instrumentality of the UAE). Baylay alleged that he was assaulted by Saravdeep Mann, another crew member, during a layover in Chicago. Mann was arrested……

  • Case of the Day: SEC v. Cluff

    The case of the day is SEC v. Cluff (S.D.N.Y. 2018). The SEC moved for leave under FRCP 4(f)(3) to serve process on James Shaoul by email. Shaoul was in Israel. Israel is a party to the Hague Service Convention and has not objected to service by postal channels under Article 10(a).

  • We Don’t Do That Here

    We Don’t Do That Here

    Americans love parades. My kids and I look forward to the Roslindale Day Parade every year. The local schools send marching bands and dancers. All the local businesses have floats. The politicians are there shaking hands and kissing babies. There are fire engines and antique cars. And sometimes the army sends a band, too. It’s……

  • Case of the Day: Jackson Laboratory v. Nanjing University

    Case of the Day: Jackson Laboratory v. Nanjing University

    The case of the day is Jackson Laboratory v. Nanjing University (D. Me. 2018). The Lab had sold mice to the University with limitations on how they could be used. The contract called for arbitration of disputes in Maine (maybe not the best provision for the Lab, but I digress). The Lab alleged that the……