Letters Blogatory

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

Posts tagged “Nicaragua

Case of the Day: JBR, Inc. v. Cafe Don Paco, Inc.

Posted on May 31, 2013

The case of the day is JBR, Inc. v. Café Don Paco, Inc. (N.D. Cal. 2013). Rogers Family Coffee (“JBR”) was in the business of providing community aid for sustainable coffee farming. Café Café Don Paco, Inc. was a Texas business that imported and distributed coffee from Café Don Paco, S.A., its Nicaraguan affiliate. Roberto Bendaña and Alvaro Montealgre, both of whom lived in Nicaragua, were principals of Café Don Paco. JBR sued Bendaña and Montealgre after a dispute arose. He first sought to serve process on them at the Texas company’s registered address in San Antonio, without success. He tried also to serve Bendaña by email (without seeking leave of court first) and to serve Montealgre at a Texas home formerly owned by…

+Read more

Case of the Day: Osorio v. Dow Chemical Co.

Posted on May 9, 2011

The Case of the Day, Osorio v. Dow Chemical Co. (11th Cir. 2011), is reminiscent of the Lago Agrio case. Claim for massive environmental tort in Latin America? Check. A large group of workers and peasants as plaintiffs? Check. Claims of procedural improprieties and partiality in the Latin American courts? Check. American reluctance to recognize the foreign judgment? Check. Because the Eleventh Circuit affirmed the district court’s decision in a short  per curiam opinion, I focus mostly on the district court decision. The plaintiffs were Nicaraguans who worked on banana plantations in the 1970s and early 1980s. They alleged that they had been exposed to DBCP, a pesticide that was banned in the United States in 1977 but not banned in Nicaragua until 1993…

+Read more