Author: Ted Folkman

  • Motions to “Validate” Questionable Service Of Process

    In a couple of recent cases of the day (Tuckerbrook v. Banerjee and Davoyan v. Turkey), plaintiffs who had reason to question whether their efforts to effect service of process had been successful asked the court, after the fact but before the defendant had answered, to approve the service. In Tuckerbrook, the plaintiff asked the court to……

  • Case of the Day: Tuckerbrook Alternative Investments v. Banerjee

    The case of the day, Tuckerbrook Alternative Investments, LP v. Banerjee (D. Mass. 2010), involves an attempt to serve process in India. Tuckerbrook was a registered investment adviser. Banerjee, a resident of India but (according to Tuckerbrook) a US citizen, was a portfolio manager for Tuckerbrook. The parties had a dispute in 2008, which they……

  • CTB v. Twitter again

    For those of you who read Letters Blogatory via a feedreader or who subscribe via email: please note that I have subtantially changed the CTB v. Twitter post from this morning after realizing that my SCA analysis missed the mark. (This is one of the hazards of covering current developments on a daily basis!)

  • Case of the Day: CTB v. Twitter, Inc.

    The case of the day, CTB v. Twitter, Inc., comes to Letters Blogatory courtesy of a hat-tip from the Trial Warrior Blog. “CTB” is a pseudonym for a British soccer player (I wouldn’t have any particular compunction about reprinting the name if I knew it, but I don’t). CTB sued a British newspaper and the……

  • Case of the Day: Linsen International Ltd. v. Humpuss Sea Transport

    The Case of the Day is Linsen International Ltd. v. Humpuss Sea Transport Pte Ltd. (S.D.N.Y. 2011). Linsen and the other plaintiffs were shipowners who chartered their ships to HST. HST failed to pay. The charter agreement had an arbitration clause calling for arbitration in London. During the arbitration, HST “attempted to reorganize its corporate……