Tag Archives: Hague Service Convention

Case of the Day: In re Estate of Sucich

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Happy Patriot’s Day! Letters Blogatory wishes all of the runners in today’s marathon good luck.

The case of the day is In re Estate of Sucich (N.Y. Surr. Ct. 2015). Diana Sucich named her nephew, Nicholas Sucich, in her will, and he was therefore entitled to receive service of a citation in the probate case. However, according to the application of the nominated executor, Wolfson, Nicholas was “alleged to be a fugitive from justice and is believed to have resided in Mexico, under an assumed alias [“Nicolas Francisco”], for the past twenty years.” His sister, another named distributee under the will, had email addresses for him that appeared to work. Wolfson sought leave to serve the citation on Nicholas by email.
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Case of the Day: Lombard-Knight v. Rainstorm Pictures

The case of the day is Lombard-Knight v. Rainstorm Pictures, Inc. (Cal. Ct. App. 2015). Rainstorm was a California movie production company. It entered into two investment agreements with Fortnom & Co. SA, under which Fortnom was required to provide $300 million upon Rainstorm’s delivery to it of performance bonds. It turned out, according to the court, that “Fortnom was never formed and did not exist as a separate legal entity at the time the agreements were executed.” Oops! Both contracts were signed on Fortnom’s behalf by Anthony Lombard-Knight. Both agreements had arbitration clauses, and both contained the following provisions:
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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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