Author: Ted Folkman

  • Lago Agrio: Canadian Appellate Court Requires LAPs To Give Security

    Lago Agrio: Canadian Appellate Court Requires LAPs To Give Security

    In January I reported on the Lago Agrio plaintiffs’ latest setback in their quest to obtain recognition of their Ecuadoran judgment in Canada. The Ontario Superior Court granted summary judgment to Chevron, holding that its indirect Canadian subsidiaries’ assets were not assets of Chevron (the judgment debtor) that could be reached on execution. The LAPs……

  • America’s Problems On Steroids

    As you no doubt have read, the worst mass shooting by a single gunman in US history happened yesterday in Las Vegas. As of Monday evening, fifty-nine people are dead and 527 are wounded. The killer, according to unnamed officials, had at least twenty rifles in his room, including AR-15-style assault rifles. At least one……

  • Case of the Day: Codigo Music v. Televisa

    The case of the day is Codigo Music LLC v. Televisa SA de CV (S.D. Fla. 2017). Codigo sued Televisa, a Mexican company, and sought to serve process via the Central Authority. The Central Authority refused to serve the document on the grounds that it referenced both the Hague Service Convention and the Inter-American Convention……

  • Supreme Court Cases to Watch

    Supreme Court Cases to Watch

    The Supreme Court is about to begin its October 2017 Term. For we happy few who focus on service of process, the Term is sure to be less interesting than last term, which featured the Water Splash case. (Kidding!) Here is a look at the cases I’ll be following in the coming year. Jesner v.……

  • Case of the Day: In re Richmond Group

    The case of the day is Lustig v. Wilson (In re Richmond Group) (Bankr. W.D.N.Y. 2017). Lustig, the bankruptcy trustee of the Richmond Group, sued Wilson, who resided in New Zealand. Lustig sought leave under FRCP 4(f)(3) to serve process on Wilson by email. New Zealand is not a party to the Hague Service Convention,……