Category Archives: Hague Service Convention

Case of the Day: Baker & McKenzie v. Frisone

The case of the day is Baker & McKenzie Zurich v. Frisone (N.Y. Sup. Ct. 2015). Baker & McKenzie had represented Anna Frisone, Vincent Savarese, and Rosalie Frisone before the IRS withe regard to “United States tax regularization for the years 2003–2008 and 2002, if required, regarding cash assets held in a Swiss bank in Lugano, Switzerland, which the defendants had failed to report to the Internal Revenue Service for a number of years.” Its claim was for unpaid invoices. It obtained a judgment for CHF 4,305 against Rosalie Frisone and for CHF 32,966 against Anna Frisone and Vincent Savarese, and it sought recognition and enforcement in New York.
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Case of the Day: Larson v. Yoon

The case of the day is Larson v. Yoon (Wash. Ct. App. 2015). Keith and Cynthia Larson sued Kyungsik Yoon after an auto collision in King County, Washington. The Larsons lived there; Yoon was a resident of South Korea. The Larsons sued and sought to serve Yoon with process by service on the Washington secretary of state, as provided by Washington statutes. The secretary of state then mailed the documents to Yoon, again as provided by statute. Yoon sought summary judgment on the grounds that he had not been properly been served. The court denied the motion, and Yoon took an interlocutory appeal.
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Case of the Day: In re Skyport Global Communications

The case of the day is CenturyTel, Inc. v. Schermerhorn (In re Skyport Global Communications, Inc. (S.D. Tex. 2015). The case was a complicated bankruptcy dispute that I won’t attempt to summarize. One of the parties in an adversary proceeding in the Bankruptcy Court sought to serve a party, Wilson Vukelich LLP, in Canada. Service was effected via the Hague Service Convention, but the Article 6 certificate stated that service had been made by delivering the documents to Wilson Vukelich’s receptionist. The Bankruptcy Court granted Wilson Vukelich’s motion to dismiss for insufficient service of process, and the other party, Schermerhorn, appealed to the District Court.
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