Author: Ted Folkman

  • Case of the Day: Cook v. Toidze

    The case of the day is Cook v. Toidze (D. Conn. 2013). Peter Cook, Thea Duell, Aleksandar Milosavlievic-Cook, Maya Toidze, Alexandre Ivankine, Tim Toidze, and Alexandre Avroutine were members of Maya’s Meals, LLC. Cook, Duell, and Milosavlievic sued the Toidzes, Ivankine, and Avroutine on their own behalf and derivatively on behalf of the LLC. The……

  • Letters Blogatory FOIA Update: I’ve Filed A Motion Seeking Production Of A Vaughn Index

    Those of you who have been following my FOIA suit against the State Department know that so far the whole thing has been an exercise in frustration. I submitted my FOIA request nearly two years ago, and even though I sued the government several months ago, I still have not been told whether any responsive……

  • Case of the Day: Tuckerbrook Alternative Investments v. Banerjee

    The case of the day is Tuckerbrook Alternative Investments, LP v. Banerjee (D. Mass. 2013). I considered a related case in May 2011. According to the complaint, Tuckerbrook, an investment adviser that manages hedge funds, alleges that Sumanta Banerjee, former manager of Tuckerbrook’s Global Distressed Fund and Global Special Situations Fund, breached a settlement agreement……

  • Case of the Day: Roque v. Fuji Heavy Industries, Ltd.

    The case of the day is Roque v. Fuji Heavy Industries, Ltd. (Conn. Super. Ct. 2013). The plaintiff, Edwin Roque, alleged that while driving, his car was struck from behind by a Subaru Impreza, which he alleges was manufactured by Fuji Heavy Industries. The claim was that the braking system was defective. Roque sought to……

  • Case of the Day: In re Dubey

    The case of the day is In re Dubey (C.D. Cal. 2013). The case raises a question we have considered many times before, and which is also the subject of S.I. Strong’s excellent paper: is a private arbitration a “proceeding in a foreign or international tribunal,” for purposes of 28 U.S.C. § 1782? Microelectronics Technology,……