Author: Ted Folkman

  • Case of the Day: Kaiser Group International v. World Bank

    The case of the day is Kaiser Group Int’l, Inc. v. World Bank (D.C. Cir. 2011). It has an interesting procedural history. Kaiser contracted to build a steel mill for Nova Hut, a firm partially owned by the Czech Republic. The project was financed by the International Finance Corporation, a member of the World Bank……

  • Heraeus Kulzer Revisited

    Louis M. Solomon has a new post with an interesting take on Heraeus Kulzer GmbH v. Biomet, Inc. (7th Cir. 2011), a case we covered here back in January. In Heraeus, the court held that the district court had abused its discretion by refusing a German plaintiff’s request for discovery under § 1782 for use……

  • From the Lago Agrio Desk

    There are two developments today in the Lago Agrio saga. You can find all Letters Blogatory coverage of the Lago Agrio case here. First, Judge Lewis Kaplan denied the Lago Agrio plaintiffs’ motion to recuse himself. The motion seemed fairly weak, given that to the extent the judge had formed a negative opinion of Donziger……

  • Drafting for Service of Process Problems

    A typical choice of forum clause does a few things: it designates an exclusive forum in which claims may be brought; and it contains waivers of the defenses of lack of personal jurisdiction, venue, and forum non conveniens. But typically—in my experience, anyway—it does not address the problem of service of process. So if there……

  • Digest for May 10, 2011

     In re Canadian Private Copying Collective (D. Minn. 2011). Granting an application under the judicial assistance statute for leave to issue a subpoena to obtain business records for use in a Canadian civil case.