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By Ted Folkman

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  • Water Splash: Notes on Volkswagen from the new ABA Treatise

    The publication of the new ABA treatise, which I noted yesterday, reminded me that I had already written about the question I noted last month in my discussion of the government’s amicus brief in the Water Splash case, namely whether the Hague Service Convention applies to all judicial documents, or just to the summons and……

    February 16, 2017
  • Book of the Day: International Aspects of U.S. Litigation

    Readers, I am very pleased to announce the publication of the ABA’s new two-volume deskbook, International Aspects of U.S. Litigation, edited by James E. Berger of King & Spalding. The book features contributions from many excellent authors, including several friends. I am the author of the chapter of service of process. Other chapters cover subject-matter……

    February 15, 2017
  • Case of the Day: CBF Indústria de Gusa v. AMCI Holdings

    The case of the day is CBF Indústria de Gusa S/A v. AMCI Holdings, Inc. (2d Cir. 2017). CBF and several other plaintiffs were Brazilian companies in the business of producing and supplying pig iron. They sold the iron to Primetrade AG, a Swiss company, which then supplied it to Primetrade USA. In 2004, one……

    February 13, 2017
  • Case of the Day: Washington v. Trump

    Here’s a quick take on the Ninth Circuit’s per curiam decision in Washington v. Trump, the government’s motion for a stay of the temporary restraining order enjoining enforcement of Executive Order 13769, the ban on the entry into the United States of Syrian refugees and all nationals of several majority-Muslim countries. As you probably have……

    February 10, 2017
  • Case of the Day: Iraq Middle Market Development Foundation v. Harmoosh

    The case of the day is Iraq Middle Market Development Foundation v. Harmoosh (4th Cir. 2017). The Foundation lent $2 million to Al-Harmoosh for General Trade, Travel, and Tourism, an Iraqi company. The loan agreement had an agreement to arbitrate all “disputes, controversies and claims between the parties which may arise out of or in……

    February 9, 2017
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