Author: Ted Folkman

  • 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……

  • Case of the Day: Presley v. N.V. Masureel Veredeling

    The case of the day is Presley v. N.V. Masureel Veredeling (Tex. Ct. App. 2012). Marina Presley was the president of Sudaglass Fiber Co. She and Sudaglass entered into a joint venture agreement with Masureel, a Belgian company in the business of yarns and fabrics finishing. The aim of the joint venture was to sell……

  • Update: The Sedona Conference’s International Principles

    In February I posted on the American Bar Association’s resolution encouraging courts to “consider and respect, as appropriate, the data protection and privacy laws of any applicable foreign sovereign” in discovery matters. Now the Sedona Conference has published International Principles on Discovery, Disclosure & Data Protection, which are in the same spirit as the ABA……

  • Case of the Day: Willhite v. Rodriguez-Cera

    I have a very interesting Hague Service Convention case to report today: Willhite v. Rodriguez-Cera (Colo. 2012). Rex Willhite sued Paulo Rodriguez-Cera, a driver who he alleged rear-ended his car, in the state court in Colorado. Willhite also sued the owner of the car Rodriguez-Cera was driving, Juan Torres. Willhite could not locate Rodriguez-Cera at……

  • Update on the Preparations for Work on a Judgments Convention

    As many readers will know, the Hague Convention on Choice of Court Agreements, concluded in 2005 but not yet in effect, provides a mechanism, for enforcement of a written choice of court agreement parties make in a civil or commercial matter, and for recognition and enforcement of the judgment that results from litigation in the……