Letters Blogatory

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

Posts tagged “Philippines

Case of the Day: Asignacion v. Rickmers Genoa Schiffahrts

Posted on April 15, 2014

The case of the day is Asignacion v. Rickmers Genoa Schiffahrts (E.D. La. 2014). Lito Martinez Asignacion, a Philippine national, was employed by Rickmers Genoa Schiffahrts as a seaman aboard the M/V Rickmers Dalian, a Marshall Islands-flagged vessel. There was a written employment contract, entered into by Rickmers and by the Philippine government through the Philippine Overseas Employment Administration. The contract contained an arbitration provision requiring arbitration of disputes in the Philippines, and it provided that claims arising out of Asignacion’s employment would be governed by Philippines law.

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Case of the Day: Sabeniano v. Citibank

Posted on March 29, 2013

The case of the day is Sabeniano v. Citibank N.A. New York (S.D.N.Y. 2013). Modesta Sabeniano, a Philippine national, had had several accounts with Citibank branches in Switzerland, New York, and the Philippines in the 1970s. In 1985, she sued Citibank in the a Philippine court, alleging that Citibank refused to pay her amounts it held in her account. Citibank’s answer asserted that it had made loans to Sabeniano and that it had offset the balance of the loans against the amounts on account after Sabeniano failed to make required payments. In 1995, the Philippine trial court entered a judgment in favor of Sabeniano, and the case was appealed ultimately to the Philippine Supreme Court. After appeals, Supreme Court issued a judgment in 2006,…

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Case of the Day: Royal Caribbean Cruises v. Jackson

Posted on February 20, 2013

The case of the day is Royal Caribbean Cruises, Ltd. v. Jackson (S.D. Fla. 2013). Royal Caribbean sued for exoneration after Darren Jackson and Susan Moravec were injured parasailing while on a Royal Caribbean cruise. Jackson and Moravec filed a counterclaim and a third party complaint for negligence against Nino Abarquez and Ramon Musngi, two Royal Caribbean employees, alleging negligence. Jackson and Moravec served process by mailing a copy of the documents to the Florida Secretary of State, who accepted service on their behalf and then sent the documents by certified mail to Royal Carribean’s office in Miami. Abarquez and Musngi were Philippine nationals who did not reside in Florida and who received the complaint by mail from Royal Caribbean in Labadee, Haiti. Jackson…

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