Author: Ted Folkman

  • Case of the Day: In re Application for Appointment of Commissioner

    The case of the day is In re Application for Appointment of a Commissioner re Request for Judicial Assistance (N.D. Cal. 2011). It involves a request by a Spanish plaintiff for issuance of a subpoena to WordPress.com and Automattic, Inc., which, incidentally, do a great job hosting Letters Blogatory. The applicant was Yamaha Motor España,……

  • Case of the Day: Zions First National Bank v. Moto Diesel Mexicana

    The case of the day is Zions First Nat’l Bank v. Moto Diesel Mexicana, S.A. de C.V. (E.D. Mich. 2011). According to the complaint, MDM, a Mexican firm, wrote several checks to another Mexican firm, Casa de Cambio Majapara S.A. The checks, which totaled more than $2 million, were drawn on Comerica Bank, in Detroit.……

  • Case of the Day: Fraserside IP LLC v. Youngtek Solutions Ltd.

    The case of the day is Fraserside IP, LLC v. Youngtek Solutions Ltd. (N.D. Iowa 2011). Who knew that the “adult entertainment” industry on the internet would yield so many cases of the day (e.g., BluMedia v. Sordid Ones and Playboy Enterprises v. Smartitan) ? In today’s case, Fraserside, an Iowa subsidiary of Fraserside Holdings,……

  • Case of the Day: Costa v. Celebrity Cruises

    The case of the day is Costa v. Celebrity Cruises, Inc. (S.D. Fla. 2011), involved a motion to vacate an arbitral award. The case repeats what I think is a mistake about the relationship between Article V of the New York Convention and motions to vacate or set aside awards made in the US. I……

  • Case of the Day: In re SNP Boat Service SA

    The case of the day is In re SNP Boat Service SA (Bankr. S.D. Fla.). The court’s opinion is very short, which is unfortunate, because the case seems quite interesting and the court does not lay out all the facts. But the outlines seem clear enough. The case involves foreign intransigence about US discovery and……