Author: Ted Folkman

  • How Do Appeals Bonds Work?

    Appeals bonds, or supersedeas bonds, have been in the news recently. And there has been a lot of commentary about how they work, some of right, some of it not so right. What’s the story? When a trial court enters a judgment for damages, the defendant has a right to appeal. But how does the……

  • In Memoriam Steven Wise

    Steven Wise, the head of the Nonhuman Rights Project, has died at 73. I’ve spent a lot of time on this blog explaining why his legal theories of animal personhood are ridiculous. Because Wise was a man of ideas and a protagonist in his quixotic fight, I think the way to be most respectful of……

  • The Bill of Discovery

    One of the great things about Section 1782 is that you can use it in aid of a prospective proceeding. Is that anomalous or unprecedented? Nope. Our own courts have long recognized a “bill of discovery,” which allows for discovery necessary in order to bring an action. I’ve been practicing law for a long time,……

  • Charles Blow is Not The Problem

    The New York Times’s Charles Blow writes: I believe Hamas is a terrorist organization committed to the eradication of Israel, that its Oct. 7 attack against Israel was ghastly, and that all the hostages taken in the attack must be returned. So far so good. Now the “but”: At the same time, I believe the……

  • Case of the Day: Regal Games v. SellerX Eight

    The case of the day is Regal Games, LLC v. SellerX Eight GmbH (S.D.N.Y. 2024). Regal had a contract with SellerX, a German Company, for the sale of its Chalk City line of sidewalk chalk. Regal brought a claim for breach of contract. It asked SellerX to waive service under FRCP 4(d), but SellerX refused.……