Author: Ted Folkman

  • Case of the Day: Francisco S. v. Aetna

    The case of the day is Francisco S. v. Aetna Life Insurance Co. (D. Utah 2020). Francisco S. was an employee of the World Bank. The Bank provided him with health benefits under a self-funded employee benefits plan. Aetna was the third-party administrator. Aetna denied a claim submitted for Francisco’s daughter, and Francisco sued Aetna……

  • Canada v. Merlini: Brief in Opposition Filed

    Canada v. Merlini: Brief in Opposition Filed

    For those of you following the Merlini litigation, the case of the worker injured on the job at the Canadian consulate in Boston, here is the brief in opposition I filed today. Because the other side will get the chance to file one more brief at this stage, I will not comment on the brief……

  • Case of the Day: Corporación AIC v. Hidroelectrica Santa Rita

    The case of the day is Corporación AIC SA v. Hidroelectrica Santa Rita SA (S.D. Fla 2020). The parties had a contract for turnkey design and construction of a hydroelectric plant in Guatemala. HSR paid about $11 million to the contractor, AIC, and issued a notice to proceed. But the local community opposed the construction,……

  • HCCH Publishes Guide to Good Practice on the Use of Video Conferencing under the Evidence Convention

    The HCCH has just published its Guide to Good Practice on the use of video-conferencing technology in taking evidence under the Evidence Convention. Of course, the GGP wasn’t written from scratch on account of the COVID-19 pandemic, but its publication is certainly timely. One of things that seems to be happening during the crisis is……

  • Case of the Day: In re Storag Etzel

    The case of the day is In re Storag Etzel GmbH (D. Del. 2020). The decision does not give the facts of the case other than to say it is a § 1782 application in aid of a private foreign arbitration. So you can guess what the issue is. And maybe you can guess, from……