Letters Blogatory

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

Posts tagged “French Polynesia

Case of the Day: Kiribati Seafood v. Dechert

Posted on October 20, 2017

The case of the day is Kiribati Seafood Co. v. Dechert LLP (Mass. 2017). Kiribati and Olympic Packer, LLC were Washington companies. Kiribati owned the Madee, a fishing vessel, which it chartered to Olympic and to Dojin Co. for fishing tuna in the Pacific. The ship’s rudder was damaged, and it was put in dry dock at the port of Papeete, Tahiti, for repair. The dry dock collapsed, and Kiribati’s insurer, Lloyd’s, deemed the ship a constructive total loss. Kiribati hired two lawyers with Coudert Brothers to sue the port in the Commercial Court of Papeete. The lawyers later left Coudert and joined Dechert, continuing to represent Kiribati.

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Case of the Day: Banque de Tahiti v. Kurth

Posted on August 10, 2017

The case of the day is Banque de Tahiti v. Kurth (Haw. Ct. App. 2017). The Bank of Tahiti had a judgment against Filola Kurth, the representative of the estate of Thomas Kurth, from the Civil Court of First Instance of Papeete, the capital of French Polynesia. The Bank filed the judgment in Hawaii in 2003 under the UFMJRA (which Hawaii later repealed in favor of the UFCMJRA). Why was it permissible simply to file the judgment, rather than to bring an action on the judgment? Stay tuned. Kurth opposed enforcement of the judgment and raised affirmative defenses, including a defense that the French Polynesian procedures were inconsistent with due process, that service of process in the underlying case had been insufficient, and that…

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