Author: Ted Folkman

  • Lago Agrio: The Plaintiffs File Their Brief With The Second Circuit

    Many trees were felled today as the Lago Agrio plaintiffs filed their brief in the Second Circuit, seeking to reverse Judge Kaplan’s judgment against them in the RICO case. The appendix alone ran to seventeen volumes. The Ecuadorans are represented on appeal by Burt Neuborne, the Inez Milholland Professor of Civil Liberties at NYU Law……

  • Lago Agrio: The Louis Berger Group Report—Letters Blogatory Cops Out

    I set out to write a post about both sides’ evidence on Texaco’s responsibility for pollution in the Oriente based on recent memorials submitted to the arbitrators in the BIT arbitration between Chevron and Ecuador.

  • Case of the Day: Green v. Hyundai Power Transformers USA

    The case of the day is Green v. Hyundai Power Transformers USA, Inc. (M.D. Ala. 2014). Adrian Green worked for Hyundai Power Transformers as a drill press operator. He was injured on the job and lost his thumb when the drill activated while he was replacing a drill bit.

  • Case of the Day: Blagman v. Apple

    The case of the day is Blagman v. Apple, Inc. (S.D.N.Y. 2014). Norman Blagman sued Apple, Google, Microsoft, Emusic.com, and others on behalf of a purported class, alleging that the defendants had made musical works available for sale online without obtaining licenses from the owners of the copyrights. The theory was that foreign record labels……

  • Case of the Day: Sonera Holding BV v. Çukurova Holding AŞ

    The case of the day is Sonera Holding BV v. Çukurova Holding AŞ (2d Cir. 2014). This is the appeal from the judgment confirming a Swiss arbitral award in a case I considered in January 2013. From the earlier post: “The dispute arose out of a share purchase agreement requiring Çukurova to deliver to Sonera……