Author: Ted Folkman

  • Case of the Day: In re Republic of Turkey

    The case of the day is In re Republic of Turkey (D.N.J. 2020). The case presents one of the issues I’ve written about a few times as an academic curiosity, although neither the court nor the parties seem to have noticed it. The Turkish government sought discovery in the US in aid of an investment……

  • Canada v. Merlini: Canada’s Reply Brief

    For those of you following the Merlini case, Canada filed its reply brief last week. The case is scheduled to be discussed at the Court’s May 21 conference. It’s possible though by no means certain that we will know what the court will do on May 25, but it’s also quite possible given the subject-matter……

  • Case of the Day: Dish Networks v. Reich

    The case of the day is Dish Networks LLC v. Reich (S.D. Fla. 2020). Dish Network and Nagrastar LLC sued Robert Reich, alleging that he had illegally broadcast their satellite programming to customers in Belize. They served process via a process server, who personally served the papers on Reich (at least according to his affidavit—Reich……

  • Case of the Day: Mattel, Inc. v. Animefunstore

    The case of the day is

  • Don’t Forget The Restatement (Fourth)

    In my post on Clay v. Hilton, I gave what I think is the usual or orthodox view: a judgment of state A that is recognized in state B has the preclusive effect that it would have in state A. It doesn’t have more preclusive effect in order to avoid mischief. It doesn’t have less……