Letters Blogatory

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

Posts tagged “IOIA

Jared Hubbard on the Texas Loophole

Posted on July 25, 2017

I’m happy to welcome new commenter Jared Hubbard to Letters Blogatory! Jared has a practice in Newburyport, and before that was most recently an associate with White & Case. He knows whereof he writes, because he’s admitted to practice in Texas, and he was counsel to OPEC in the Freedom Watch case, which I’ve covered before. Welcome, Jared! One of the recent cases of the day, Chukapalli v. Mandava (Tex. Ct. App. 2017), raised an interesting loophole to international service requirements. In that case, the court reversed a default judgment as the plaintiff had not complied with the Hague Service Convention, but on remand no compliant service was required due to Texas Rule of Civil Procedure 123, which provides:

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Case of the Day: Jam v. International Finance Corp.

Posted on June 26, 2017

The case of the day is Jam v. International Finance Corp. (D.C. Cir. 2017). Budha Ismail Jam and the other plaintiffs were fishermen and farmers who lived near Gujarat, India. Tata Power, an Indian utility company, built the Tata Mundra Power Plant nearby. The project was financed with a $450 million loan from the IFC, an international organization based in Washington. The claim was that the IFC had allowed the project to go forward even though the plant did not do everything it was supposed to do to limit social and environmental damage. The plaintiffs said that the power plant had devastated their way of life. They sued in Washington, and the IFC moved to dismiss on the grounds of immunity from suit under…

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Case of the Day: Georges v. United Nations

Posted on January 12, 2015

The case of the day is Georges v. United Nations (S.D.N.Y. 2015). I first wrote about the case in December 2013, and then again in March 2014. The case is a putative class action by Haitians against the United Nations, the UN Stabilization Mission in Haiti, and two UN officials, Secretary-General Ban and former Under-Secretary-General Edmond Mulet. The claim was that the defendants are liable for the injuries caused by the cholera epidemic in Haiti. It seems that UN troops introduced the disease to Haiti, which had previously been free of cholera. The plaintiffs sought to deliver the summons and complaint to UN officials at the UN headquarters in New York but were refused entry. They also sent the summons and complaint to the…

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