Author: Ted Folkman

  • The Access To Justice Gap In Transnational Litigation

    HT to Jacob Katz Cogan for a pointer to a new paper by Christopher A. Whytock and Cassandra Burke Robertson, Forum Non Conveniens & The Enforcement of Foreign Judgments, now available on SSRN. Those of you who are following the Lago Agrio litigation will know that when the Ecuadorian plaintiffs first sued Texaco, they sued……

  • Case of the Day: In re Toft

    Today’s case of the day, In re Toft (Bankr. S.D.N.Y. 2011),  involves attempts by the creditors of Dr. Jürgen Toft, a celebrity knee surgeon in Munich, to obtain recognition and enforcement of a “Mail Interception Order” granted by a German insolvency court, which would, in effect, give the administrator of Toft’s bankruptcy estate in Germany……

  • Suing The US On A Debt

    A tongue-in-cheek look at the debt limit crisis, reprinted from the last crisis in 2011. One thing is for certain: there is no stopping them; the Treasury bondholders will soon be here. And I for one welcome our new creditor overlords. I’d like to remind them that as a trusted commentator on judicial assistance, I……

  • Case of the Day: Agudas Chasidei Chabad v. Russian Federation

    The Case of the Day is Agudas Chasidei Chabad of the United States v. Russian Federation (D.D.C. 2011). Chabad, a Hasidic Jewish organization, was “the incorporated entity and successor to a worldwide organization of Jewish religious communities having origins in Eastern Europe and Russia.” During the first half of the twentieth century, the Hasidic movement……

  • Advice from the Trenches on Service of Process in Mexico

    Nelson Tucker, of Process Service Network, commented that there were some new hitches in serving process in Mexico under the Hague Service Convention. Intrigued, I checked out his blog, where he writes that the Mexican Central Authority is now imposing the following requirements: The summons must state that the defendant has 21 calendar days to……