Author: Ted Folkman

  • Case of the Day : French Cour de cassation, May 12th 2012 (N°11-15.508)

    This is the first guest-post by Fanny Cornette, a member of Letters Blogatory’s IJA Brigade. Fanny holds positions at the Université de Rouen and the Université du Havre I would like to thank Ted for welcoming me as a French correspondent for his blog. For my first post, I would like to give an example……

  • Case of the Day: D&D Automation v. MB Sistemas

    The case of the day is D&D Automation, Inc. v. MB Sistemas S. Coop. (W.D.N.Y. 2012). D&D, a Canadian firm, had a contract with MB Sistemas, a Spanish firm. When MB terminated the contract and demanded arbitration, D&D brought an action in the New York Supreme Court in Chemung County to enjoin the arbitration on……

  • Wallishauser v. Austria: Is 28 U.S.C. § 1608(a)(3) Still Good Law?

    Update: Maybe I’ve identified a problem that doesn’t exist. The 1991 Draft Articles also permit service by other means “accepted by the State concerned.” So I suppose that if the foreign state declines to accept service by mail, then no harm, no foul? The case of the day is Wallishauser v. Austria (ECtHR 2012). I’m……

  • Comments Are Now Enabled

    Readers, I have been grappling with a dramatic increase in the amount of comment spam I’ve been getting. I tried a new solution, but people have reported to me that it’s preventing them from posting comments. So I have disabled it for now and apologize to anyone who tried to comment but found the comment……

  • Belfast Project: Moloney & McIntyre Seek A Rehearing

    As expected, Ed Moloney and Anthony McIntyre have sought a rehearing in the Belfast Project Case. They seek both a rehearing by the panel and a rehearing en banc. First, some procedural stuff. Under FRAP 40(a)(3), no response to a petition for a panel hearing is permitted without a request from the court, though the……