Tag Archives: Hague Apostille Convention

Case of the Day: In re Barkats

The case of the day is In re Barkats (Bankr. D.D.C. 2014). In early 2014, several creditors of Pierre Philippe Barkats filed an involuntary bankruptcy petition. They served it on him by “delivery through owner and co-resident” at a home in Chevy Chase, Maryland, which Barkats’s lawyer had listed as Barkats’s address in a document filed with the District of Columbia Superior Court in an unrelated case. But the lawyer later averred that he had given the address solely as an address for receiving mail in the Superior Court action and that Barkat lived in France. After Barkat failed to answer the petition and the creditors obtained an order for relief, Barkats moved to vacate the order on the grounds that he had never been served with the petition.
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Case of the Day: Bruton v. Texas

The case of the day is Bruton v. Texas (Tex. Ct. Crim. App. 2014). The defendant, Peter Cain Bruton, was found guilty of aggravated sexual assault of a child and sentenced to imprisonment for life. At his sentencing, the prosecution had sought to introduce documents purporting to be public records from England showing that Bruton had been previously convicted of crimes in the Crown Court in Norwich, an INTERPOL record purporting to show that he had previously convicted of crimes in the UK, and a letter from a Data Protection Disclosure Unit Officer of the Norfolk Constabulary to the Denton County (Texas) District Attorney’s Office purporting to show that he had previously been convicted twelve times for indecent assaults on a young girl or girls.
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Case of the Day: Walia v. Aegis Center Point Developers

The case of the day is Walia v. Aegis Center Point Developers Pvt. Ltd. (N.D. Cal. 2014). According to the complaint, Aegis was in charge of a real estate project in India. It recruited Gurinder Walia to serve as a director, manage investors, and raise capital. Walia and Siddhartha Kumar were the managers of Aegis, and they agreed to share the profits equally. Walia’s claim was that Aegis and Kumar improperly appointed a new director and deprived him of profits.

Walia sued Kumar and Aegis in a court in Chandigarh, India, seeking a permanent injunction. But the Indian court dismissed his claim on the merits. Walia then sued in the Northern District of California. Aegis and Kumar moved to dismiss.
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