Author: Ted Folkman

  • Yet Another Servotronics Update: Tribunal Declines To Continue Hearing

    Okay, here is yet another Servotronics update, occasioned by an intrepid reader who sent me a copy of the Third Interim Award in the underlying arbitration. Servotronics had sought an adjournment of the hearing, now scheduled for May 2021, but the court denied the request. Check out paragraph 23: For completeness, we should add that the Respondent……

  • Supreme Court Grants Cert. In Servotronics Case

    Today the Supreme Court granted the petition for a writ of certiorari in the Servotronics case. This is the case that will (we hope!) address the most significant outstanding circuit split in Section 1782 practice today: does the statute allow the federal courts to order discovery in the United States in aid of a private international arbitration……

  • Missouri v. China: a Letters Blogatory (Informal) Amicus

    Iwrote almost a year ago about Missouri v. China, which I called the “unmeritorious case of the day.” This is the case brought by the state of Missouri against the Chinese government, the Chinese Communist Party, the Wuhan Institute of Virology, and the Chinese Academy of Sciences, alleging that the COVID-19 pandemic is “the direct result……

  • Case of the Day: Germany v. Philipp

    Case of the Day: Germany v. Philipp

    The case of the day is Federal Republic of Germany v. Philipp (S. Ct. 2021). This is the case of the Welfenschatz, the Guelph treasure said to have been stolen by the Nazis from its Jewish owners. The claim was that Hermann Göring, one of Hitler’s most powerful ministers, had coerced the Jewish owners of……

  • Update: The Servotronics Cert. Petition

    For those of you following the Servotronics case, the case about whether Section 1782 allows for discovery in aid of private foreign arbitrations, Justice Barrett has just denied Servotronics’s request to reconsider the Clerk’s routine administrative decision to enlarge the time for Boeing, the respondent, to file a response to the petition for certiorari. This……