Author: Ted Folkman

  • Water Splash v. Menon: Two Briefs

    The first two briefs are on file in Water Splash v. Menon, the Supreme Court case on the interpretation of Article 10(a) of the Hague Service Convention. First is the petitioner’s brief, of course, and there’s also an amicus brief from the United States in support of the petitioner’s view.

  • A Day of Shame and a Day of Pride

    Friday was a day for Americans to be ashamed of our government. We’re a nation of immigrants and a nation of refugees. Except for the Native Americans, all of us came here from somewhere else and many of us came here to escape war and religious persecution. And we say we’re a moral people and……

  • Germany’s Position on Pre-Trial Discovery Softens!

    Peter Bert, of Taylor Wessig, with important developments from Germany on execution of requests under Article 23 of the Hague Evidence Convention. This is cross-posted at his blog, Dispute Resolution in Germany. You read it here first, back in 2013, but at the time with a question mark, and then again in 2014 and 2015.……

  • “American Carnage:” President Trump’s Inaugural Address

    The phrase “American carnage,” until now, would have evoked for me the Civil War, the great contest between the North and the South that led to the deaths of more than 750,000 Americans, Northerners and Southerners, blacks and whites. Near the end of the war, Abraham Lincoln, by then aged almost beyond recognition by the……

  • Lago Agrio: What’s Left For Trial, And What’s Next In Canada?

    Yesterday I promised to take a look at the defenses to enforcement of the Ecuadoran judgment that remain for trial in Ontario. Here is an overview. Which Defenses Are Left? The LAPs’ counsel conceded that the claim that the Zambrano judgment was ghostwritten by the LAPs’ lawyers is a permissible defense. The defense could arise……