Author: Ted Folkman

  • Case of the Day: Regal Games v. SellerX Eight

    The case of the day is Regal Games, LLC v. SellerX Eight GmbH (S.D.N.Y. 2024). Regal had a contract with SellerX, a German Company, for the sale of its Chalk City line of sidewalk chalk. Regal brought a claim for breach of contract. It asked SellerX to waive service under FRCP 4(d), but SellerX refused.……

  • Watching Downton Abbey

    Downton Abbey premiered in 2010, but my wife and I never watched it. We decided to start this weekend. In the first episode, the Earl of Grantham, who married a rich American but who has only daughters, learns that his presumptive heir, a cousin, has died on the Titanic. Drama ensues, because when the Earl……

  • Case of the Day: Defense for Children International v. Biden

    The case of the day is Defense for Children International—Palestine v. Biden (N.D. Cal. 2024). Something I’ve seen very often in courtrooms, and read in a lot of decisions, is a tendency for many judges, when they are about to rule against a party, to express a lot of sympathy for the equities on the……

  • Case of the Day: In re Aperture Imaging Industries

    The case of the day is In re Aperture Imaging Industries Co. (Fed. Cir. 2024). Rotolight sued Aperture for patent infringement in the Eastern District of Texas. Aperture is based in China. Rotolight sought leave under Texas Rule of Civil Procedure 106(b) to serve Aperture by email served on its counsel. The court authorized the……

  • The ICJ’s Decision

    The ICJ’s decision today on provisional measures in the case South Africa brought against Israel under the Genocide Convention is not the end of the world. It requires Israel to “take all measures within its power to prevent the commission of all acts within the scope of” Article II of the Genocide Convention, and to……