The case of the day is DLJ Mortgage Capital, Inc. v. Roland (D.V.I. 2015). DLJ had obtained a summary judgment against Lincoln and Leila Roland. The case apparently involved a foreclosure, and so the court directed the clerk to provide a copy of the judgment to the marshal for service on the Rolands, who lived in Canada.
Continue reading Case of the Day: DLJ Mortgage Capital, Inc. v. Roland
The case of the day is Menon v. Water Splash, Inc. (Tex. Ct. App. 2015). Water Splash, a Delaware corporation with its principal place of business in New York, sued Tara Menon, a Canadian national residing in Quebec, in a Texas court. The claim was that Menon had been Water Splash’s regional sales representative and that she had also gone to work for a competitor, South Pool, and had used Water Splash’s designs and drawings when submitting a bid to the city of Galveston, Texas on behalf of South Pool. Water Splash had sought and obtained leave to serve process on Menon by mail and email. After service of process, the case ended in a default judgment. Menon moved to set aside the judgment on the grounds that service was insufficient. The trial court denied her motion, and she appealed.
Continue reading Case of the Day: Menon v. Water Splash
The case of the day is Alberta Securities Commission v. Ryckman (Del. Super. Ct. 2015). In 1996, the Alberta Securities Commission, following a hearing, found that Lawrence G. Ryckman, the chairman and director of Westgroup, had violated Alberta securities laws by participating in a “complex scheme that created a false and misleading appearance of trading designed to deceive investors to trade at artificial prices.” The administrative decision imposed nearly $500,000 in costs. The Commission obtained a judgment in Canada against Ryckman on the basis of the administrative decision.
Ryckman moved from Canada to Arizona in 1997. The Commission obtained an Arizona judgment against Ryckman in an action in an Arizona Superior Court, which was affirmed on appeal. It then sought to enforce the Arizona judgment in Delaware under the Uniform Enforcement of Foreign Judgments Act, the law in force in most states under which states grant full faith and credit to sister-state judgments. It was undisputed that the Commission would not have been able to obtain recognition of the Alberta judgment directly in Delaware, for two reasons. First, the statute of limitations under Delaware law had expired; and second, Delaware law (the UFCMJRA) does not provide for recognition and enforcement of foreign money judgments to the extent the judgment is for a fine or other penalty.
Continue reading Case of the Day: Alberta Securities Commission v. Ryckman