Author: Ted Folkman

  • Case of the Day: Gundlach v. IBM

    The case of the day is Gundlach v. IBM (S.D.N.Y. 2012). Frederick Gundlach sued IBM Japan, Ltd. for breach of contract and violations of the Japanese labor law. He served the summons and complaint by registered mail, which he apparently mailed himself. IBM Japan moved to dismiss for insufficient service of process. The judge denied……

  • BC Files Its Brief

    An update from the now somewhat dormant Belfast Project case: here is Boston College’s appellate brief. In a way, this brief is a better read than Moloney & McIntyre’s, because it doesn’t have to deal with any of the underbrush in their case: standing, claims of a private right of action under the MLAT, all……

  • Case of Interest: Government of Ghana v. ProEnergy Services, LLC

    The case of the day is Government of Ghana v. ProEnergy Services, LLC (8th Cir. 2012). I first reported on the case in my post of July 14, 2011. To recap the facts: Ghana had entered into a contract with Balkan Energy Limited for the refurbishment of a power plant in Ghana. ProEnergy Services, LLC……

  • Case of the Day: AFL Telecommunications v. SurplusEQ.com

    The case of the day is AFL Telecommunications, LLC v. SurplusEQ.com Inc. (D. Ariz. 2012). According to the complaint, AFL alleged that SurplusEQ was selling counterfeit products bearing the FUJIKURA mark (AFL claimed to be the exclusive US licensee of rights in the mark, which was owned by AFL’s parent company, Fujikura Ltd.), and containing……

  • Case of the Day: Johnson v. Mitchell

    The case of the day is Johnson v. Mitchell (E.D. Cal. 2012). The facts of the case are not terribly important. Suffice it to say that Johnson sought to serve a summons on two Panamanian nationals, Berrocal and Arosemena, in Panama. Johnson’s first efforts were inauspicious. He tried to serve Berrocal and Arosemena by mail……