Tag Archives: Switzerland

Case of the Day: Elobied v. Baylock

The case of the day is Elobied v. Baylock (E.D. Pa. 2014). Hashim Elobied sued Trescott Baylock for breach of an oral contract for the purchase and sale of a Bentley Continental GT. Let me just pause to marvel at an oral contract for the purchase of a Bentley. I’m not sure which law applies to the substance of this case, but I hope the governing law doesn’t have the Statute of Frauds!
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Case of the Day: Regenicin v. Lonza Walkersville, Inc.

The case of the Day is Regenicin, Inc. v. Lonza Walkersville, Inc., (N.D. Ga. 2014). Regenicin sued Lonza Walkersville for breach of contract, tortious interference, and other business torts. Regencin sought leave to effect service on one of the defendants, Lonza Group, Ltd., in Switzerland under the Hague Service Convention. You might say, “a plaintiff doesn’t need to seek leave to invoke the Convention,” and you would be right, but Regenicin’s motion was actually a bit more ambitious: Regenicin sought leave to serve the documents via the Convention, but without having to translate the exhibits, which were voluminous. Article 5 permits the central authority to require translations.
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Case of the Day: AQ Asset Management v. Levine

In the case of the day, AQ Asset Management LLC v. Levine (N.Y. Sup. Ct. 2014), a Swiss national who had sued US defendants in the New York state courts found that he could not avoid the reach of a New York subpoena in a related case brought by the same US parties. In 2008, Markus Schumacher, the Swiss national, sued the City of New York, Paul Ware Jr., William C. Clifford, Antiquorum USA, Inc., and Evan Zimmerman in the New York Supreme Court. Schumacher’s claims are not made clear in today’s decision: they “arose from an August 2007 incident that took place at the offices of Antiquorum USA, where Schumacher had served as the chief operating officer for plaintiff Antiquorum S.A.” Two of the defendants in the 2008 lawsuit, Antiquorum and Zimmerman then sued Michale Levine, Habsburg Holdings Ltd., and Osvaldo Patrizzi, also in New York. The second suit was related to the first, though the decision doesn’t explain exactly how.
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