Tag Archives: Hague Service Convention

Case of the Day: Power Electric Distribution v. Hengdian Group Linix Motor

The case of the day is Power Electric Distribution, Inc. v. Hengdian Group Linix Motor Co. (D. Minn. 2015). Power Electric purchased custom-made motors from Linix, a Chinese company, for resale to manufacturers in the United States. Their agreement required disputes to be resolved through arbitration in Minneapolis administered by the AAA, and both parties consented to the jurisdiction of the state and federal courts in Minnesota for entry of judgment on an arbitral award. When a dispute arose, Power Electric began an arbitration. Linix participated in the arbitration, which ended in an award for more than $1.5 million for Power Electric, plus a return of tooling, an accounting of all motors Linix sold to FBD (one of Power Electric’s customers), and a royalty on those sales. Power Electric moved to confirm the award. It served the summons on Linix by personal service in China. It was evident that Linix was aware of the proceedings, but Linix took no action except to send a letter asking Power Electric to “Please proceed according to the Hague Convention.” The court entered a judgment confirming the award. Prior to entry of the judgment, Linix had satisfied the $1.5 million damages award, but there was a dispute about the accounting and payment of royalties.
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Case of the Day: GCIU-Employer Retirement Fund v. Coleridge Fine Arts

The case of the day is GCIU-Employer Retirement Fund v. Coleridge Fine Arts (D. Kan. 2015). Coleridge was an Irish corporation. The Fund sought to effect service of process by arranging for an Irish solicitor to serve the documents on the corporation’s receptionist. Coleridge moved to quash the service on the grounds that it did not comply with Irish law.
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Case of the Day: Kim v. Lakeside Adult Family Home

The case of the day is Kim v. Lakeside Adult Family Home (Wash. Ct. App. 2015). Ho Im Bae was an inpatient resident of the Lakeside Adult Family Home, a nursing home. She died of a morphine overdose, and her death was ruled a homicide. The personal representative of her estate, Esther Kim, sued several defendants, including a nurse, Christine Thomas. The claim against Thomas was that she was allegedly negligent for failing to report that Bae was being abused, as required under Washington’s mandated reporter law. Thomas, a Norwegian national living in Norway at the time of the lawsuit, moved to dismiss for insufficient service of process. The trial court ruled that the service was proper, but it dismissed the claim on the merits on summary judgment. Both parties appealed.
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