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By Ted Folkman

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  • Case of the Day: Defense for Children International v. Biden

    The case of the day is Defense for Children International—Palestine v. Biden (N.D. Cal. 2024). Something I’ve seen very often in courtrooms, and read in a lot of decisions, is a tendency for many judges, when they are about to rule against a party, to express a lot of sympathy for the equities on the……

    February 1, 2024
  • Case of the Day: In re Aperture Imaging Industries

    The case of the day is In re Aperture Imaging Industries Co. (Fed. Cir. 2024). Rotolight sued Aperture for patent infringement in the Eastern District of Texas. Aperture is based in China. Rotolight sought leave under Texas Rule of Civil Procedure 106(b) to serve Aperture by email served on its counsel. The court authorized the……

    January 28, 2024
  • The ICJ’s Decision

    The ICJ’s decision today on provisional measures in the case South Africa brought against Israel under the Genocide Convention is not the end of the world. It requires Israel to “take all measures within its power to prevent the commission of all acts within the scope of” Article II of the Genocide Convention, and to……

    January 26, 2024
  • Case of the Day: Missouri v. China

    The case of the day is Missouri v. People’s Republic of China (8th Cir. 2024). I’ve written about the case before, most recently in July 2022. The gist of the case is that Missouri seeks to hold the Chinese government, the Chinese Communist Party, the Wuhan Institute of Virology, etc. liable for harms resulting from……

    January 17, 2024
  • The Evidence Convention and Contemplated Proceedings

    There is always something new to learn about the Evidence Convention! Recently I was consulted by a client for whom I had prepared letters of request. The case had settled, but the client expected a new, related case to be filed soon. Could we “get the ball rolling” by seeking issuance of letters of request……

    January 13, 2024
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