Author: Ted Folkman

  • Case of the Day: Feliz v. MacNeill

    The case of the day is Feliz v. MacNeill (1st Cir. 2012). The decision is by Justice Souter, who sometimes sits by designation on First Circuit panels. Dr. Briain MacNeill, a physician, treated Santa Encarnacion a few days before her death, and her administratrix, Sobeida Feliz, sued him for medical malpractice. Feliz sued in the……

  • 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……