Author: Ted Folkman

  • How To Report on the Trump Verdict

    Yesterday a New York jury found that Donald Trump had sexually abused E. Jean Carroll and that he had maliciously defamed her. I noticed something interesting in some of the descriptions of the verdict I heard or read. Here is the excellent Adam Klasfeld, who followed the story closely: The jury, he writes, found that……

  • Case of the Day: Cheah v. Eighth Judicial District Court

    The case of the day is Cheah v. Eighth Judicial District Court (Nev. 2023). Chyuan Yong Cheah was a Malaysian national. In 2018, he rented a car in Nevada and was involved in a car accident in Las Vegas. Andre Davis, who claimed he was injured in the accident, sued Cheah in 2019, but he……

  • Capable of Repetition But Evading Review: The Second Circuit Dismisses Appeal on Email Service

    The Second Circuit has dismissed the appeal in the Smart Study case for lack of jurisdiction. I wrote about the district court’s decision back in August 2022. The case was a trademark and copyright infringement case involving “Baby Shark.” You’re welcome. The plaintiff had obtained a preliminary injunction, but when it moved for a default……

  • Case of the Day: Turkiye Halk Bankasi A.S. v. United States

    The case of the day is Turkiye Halk Bankasi AS v. United States (S. Ct. 2023). I wrote about the case in the District Court. It presents a simple legal question: does the Foreign Sovereign Immunities Act govern the question whether a foreign state, or the instrumentality of a foreign state, is immune from jurisdiction……

  • Case of the Day: SEC v. MCC International

    The case of the day is SEC v. MCC International Corp. (S.D. Fla. 2023). The SEC had obtained a preliminary injunction against Luiz Carlos Capuci, Jr. and others in a cryptocurrency fraud case. Capuci opposed the preliminary injunction on the grounds that while he had had notice, he had not been served with process before……