Author: Ted Folkman

  • Massachusetts Legislative Update

    In December, I pointed to three bills being considered in the Massachusetts General Court: a bill to enact the Uniform Foreign-Country Money Judgments Recognition Act; a bill to enact the Uniform Enforcement of Foreign Judgments Act; and a bill to enact the 2000 version of the Uniform Arbitration Act. As far as I can tell……

  • Some Initial Thoughts On The Role of Materiality In Recognition and Enforcement Cases

    In his recent decision denying Chevron’s motion for summary judgment, Judge Kaplan threw me for a loop by agreeing with me that the Lago Agrio plaintiffs, despite their protestations to the contrary, had pleaded that the Ecuadoran judgment had preclusive effect; finding that the judgment was “tainted” in various apparently significant respects by fraud; and……

  • Update on Naranjo in the Supreme Court

    Here is a brief update on Chevron’s petition for a writ of certiorari. SCOTUSBlog has noted Chevron’s petition as one of its petitions of the day. The Briefs Chevron filed its petition on May 25. There are three pending motions for leave to file briefs as amici curiae on behalf of Chevron by: [unordered_list style=”green-dot”]……

  • Case of the Day: Maroc Fruit Board v. M/V Vinson

    The case of the day, Maroc Fruit Board, S.A. v. M/V Vinson (D. Mass. 2012), is outside the Letters Blogatory scope of coverage. I’m covering it because it was decided here in Boston. According to the complaint, Maroc Fruit Board, a Moroccan firm doing business in Casablanca, delivered thousands of boxes of fruit to Agder……

  • Breaking: A Close Call For The Lago Agrio Plaintiffs As Judge Kaplan Denies Chevron’s Motion for Partial Summary Judgment

    There was little question that Judge Kaplan’s decision on Chevron’s motion for partial summary judgment would have unhappy things to say about the Lago Agrio plaintiffs. Judge Kaplan’s decision lives up to expectations, taking the Lago Agrio plaintiffs to task in just about every way. But somewhat to my surprise, Judge Kaplan denied Chevron’s motion,……