Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Case of the Day: Gyger v. Clement

Posted on November 6, 2020

The case of the day is Gyger v. Clement (N.C. 2020). The mother and the father were unmarried and had had a romantic relationship in North Carolina. They had two children, both born in Switzerland. In 2007, the mother brought an action in a Swiss court to establish paternity, and for child support. The Swiss court entered a default judgment against the father, and the Swiss central authority registered the Swiss order with the North Carolina Office of Child Support and Enforcement. The father sought to vacate the registered order on the grounds that the father had not been served in the Swiss proceedings. The mother sought relief and submitted an affidavit, but the court denied the motion. I assume that if the court had credited the mother’s affidavit, she would have prevailed, but the court excluded the affidavit from evidence because it had not been sworn before a notary. The mother appealed, and the intermediate appellate court affirmed. The mother then sought review in the North Carolina Supreme Court.

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Case of the Day: In re Newbrook Shipping

Posted on November 5, 2020

The case of the day is In re Newbrook Shipping Corp. (D. Md. 2020). Nardella Corp., a Nevis company, obtained an order from a South African court to arrest the M/V Falcon Traveller to provide security for a claim in an arbitration in Singapore regarding the arrest of another vessel, the M/V Falcon Carrier.. Newbrook challenged the arrest, and the South African court set it aside on the grounds that the Falcon Traveller was not associated with the Falcon Carrier, even though Nadella had acted in good faith. Later, Newbrook obtained a similar order in South Africa to arrest the M/V Falcon Confidence, and Falcon Confidence Shipping sought to set the arrest aside. The court denied that motion.

Newbrook and Falcon Confidence Shipping then brought a § 1782 application to seek evidence GMS, a Maryland company alleged to be Nadella’s registered agent, and Anil F. Sharma, alleged to own Nadella. They wanted to get evidence about Nadella’s claims in South Africa that the Falcon Traveller and the Falcon Confidence and about Nadella’s corporate structure.

The court granted the ex parte application. GMS then moved to strike service, quash the subpoenas, and dismiss the action.

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Case of the Day: US v. Halkbank

Posted on November 3, 2020

The case of the day is United States v. Türkiye Halk Bankasi A.S. (S.D.N.Y. 2020). The government alleged that Halkbank conspired to help Iran evade US sanctions and to use Iranian money held in the bank to engage in transactions in the US banking system. The indictment included charges for conspiracy, bank fraud, and money laundering. Halkbank is an instrumentality of the Turkish state, and it sought dismissal of the indictment on the grounds that under the FSIA the court lacked jurisdiction.

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