Author: Ted Folkman

  • Case of the Day: Derr v. Swarek

    The case of the day is Derr v. Swarek (5th Cir. 2014). This was the appeal of the case of the day from Sept. 12, 2013. The basic facts: Thomas L. Swarek and Thomas A. Swarek sued Herman Derr in the Issqquena County, Mississippi chancery court seeking specific performance of a purchase and sale agreement……

  • Case of the Day: Shanghai Commercial Bank Ltd. v. Chang

    The case of the day is Shanghai Commercial Bank Ltd. v. Chang (Wash. Ct. App. 2014). The bank sued Kung Da Chang in Hong Kong for failure to pay on a revolving multi-currency loan Chang had obtained in 2008 in order to facilitate the transfer of investments from the Bank of East Asia to the……

  • Case of the Day: Chettri v. Nepal Bangladesh Bank

    The case of the day is Chettri v. Nepal Bangladesh Bank (S.D.N.Y. 2014). Ashim Khattri Chettri did business as Tarala Internationals, Ltd. He and Wu Lixiang sued Nepal Bangladesh Bank, Ltd., Nepal Rastra Bank (Nepal’s central bank), the Nepali Department of Revenue Investigation, and Chase Manhattan Bank. Tarla, a Colorado company, was a supplier of……

  • Case of the Day: NML Capital v. Argentina

    The case of the day, NML Capital v. Republic of Argentina (D. Nev. 2014), is a small corner of the Argentine sovereign debt debacle. NML, the victorious judgment creditor, sought to take post-judgment discovery in Nevada in aid of its judgment under FRCP 69.

  • Case of the Day: ISPEC, Inc. v. Tex R.L. Industrial, Inc.

    The case of the day is ISPEC, Inc. v. Tex R.L. Industrial, Inc. (D.N.J. 2014). ISPEC served process on Tex R.L. in Taiwan by Fedex, by email to its US counsel, and by a local process server, who served the summons on an unidentified employee of Tex R.L. in Taipei. On the basis of this……