Author: Ted Folkman

  • Case of the Day: International Trading & Industrial Investment Co. v. Dyncorp Aerospace Technology

    The case of the day, International Trading & Indus. Inv. Co. v. DynCorp Aerospace Tech., No. 09-791 (D.D.C. Jan. 21, 2011), is Judge Walton’s second opinion on confirmation of an international arbitral award in a week.  Way to go, Judge Walton! DynCorp was a logistics and security contractor for the U.S. military in Qatar. International……

  • Case of the Day: Heraeus Kulzer, GmbH v. Biomet, Inc.

    Germany is one of the jurisdictions most implacably opposed to U.S.-style pretrial discovery in civil cases, or so it seems to me. Hence the irony of Heraeus Kulzer, GmbH v. Biomet, Inc., No. 09-2858 (7th Cir. Jan. 24, 2011), our case of the day, where a German firm suing an American firm in Germany for……

  • From the Blogatory Meteorology Desk

    I’m putting together a Hague Service Convention application for Bermuda today for a pending case in the D. Mass. And it was 5F / -15C while I waited for my train in Boston this morning. Which leads to my modest proposal for a new requirement under the Convention: when the temperature in the sending state……

  • Case of the Day: Argentina v. BG Group

    The Blogatory case of the day is Republic of Argentina v. BG Group, plc, Civ. A. No. 08-485 (D.D.C. Jan. 21, 2011), a decision on confirmation of an arbitral award under the Argentina-U.K. bilateral investment treaty. After the financial crisis of 2001, the Argentine government enacted emergency legislation that, according to BG Group, an investor……

  • Case of the Day: Girafa.com, Inc. v. Smartdevil, Inc.

    The case of the day is Girafa.com, Inc. v. Smartdevil, Inc., 728 F.Supp.2d 537 (D.Del. 2010). Girafa.com, the assignee of U.S. Patent No. 6,864,904, sued Smartdevil, a Québec company, and several others for patent infringement. A bailiff personally served the summons and complaint on Smartdevil’s president, Stephane Lim. (There was some dispute whether the documents were delivered……