Author: Ted Folkman

  • Digest for March 14, 2011

    Liberty Media Holdings, LLC v. Vinigay.com (D. Ariz. 2011). Where defendants were located in Brazil (a party to the Inter-American Convention but not the Hague Service Convention), and where the plaintiffs had an email address but not a physical address for the defendants, the court authorized service of process by email pursuant to Rule 4(f)(3).……

  • Comity, Irreparable Harm, and the Lago Agrio Injunction

    We covered Judge Kaplan’s anti-suit injunction in the Lago Agrio case a couple of days ago. Others have commented on it as well–both Opinio Juris and the Cadwalader OneWorld blog have posts up. I commented on the Opinio Juris post, and I want to pick up on my comment here.  The point I ultimately want to……

  • Case of the Day: Republic of Iraq v. ABB AG

    Motions to compel arbitration in international cases are, strictly speaking, outside of the scope of Letters Blogatory’s coverage, since if we’re going to cover them, we might as well cover forum non conveniens, and then other issues would seem logical to cover, and so on. But since it’s a slow news day and since the……

  • From the Lago Agrio Desk

    We have two developments to report in the Lago Agrio case: a new preliminary injunction barring the Lago Agrio plaintiffs from seeking to enforce their judgment; and yet another application for U.S. judicial assistance in the gathering of evidence, though this time by the Ecuadorans rather than by Chevron.

  • Case of the Day: Estate of Klieman v. Palestinian Authority

    Today’s Case of the Day, Estate of Klieman v. Palestinian Auth. (D.D.C. 2011), involves a letter of request under the Hague Evidence Convention for the testimony of witnesses in Israel. Klieman, a U.S. citizen, was the victim of a Palestinian terrorist attack on a civilian bus in Israel in 2002. The claim was that Klieman had……