<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	
	>
<channel>
	<title>
	Comments on: Case of the Day: JB Custom, Inc. v. Amadeo Rossi, S.A.	</title>
	<atom:link href="https://lettersblogatory.com/2011/06/14/case-of-the-day-jb-custom-inc-v-amadeo-rossi-s-a/feed/" rel="self" type="application/rss+xml" />
	<link>https://lettersblogatory.com/2011/06/14/case-of-the-day-jb-custom-inc-v-amadeo-rossi-s-a/</link>
	<description>The Blog of International Judicial Assistance</description>
	<lastBuildDate>Fri, 13 Dec 2024 17:27:40 +0000</lastBuildDate>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	<generator>https://wordpress.org/?v=6.9.4</generator>
	<item>
		<title>
		By: Ted Folkman		</title>
		<link>https://lettersblogatory.com/2011/06/14/case-of-the-day-jb-custom-inc-v-amadeo-rossi-s-a/#comment-179</link>

		<dc:creator><![CDATA[Ted Folkman]]></dc:creator>
		<pubDate>Fri, 20 Jan 2012 22:18:37 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=1414#comment-179</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://lettersblogatory.com/2011/06/14/case-of-the-day-jb-custom-inc-v-amadeo-rossi-s-a/#comment-178&quot;&gt;Kerri&lt;/a&gt;.

Thanks, Kerri, for the comment. It&#039;s possible, as you say, that Brazil would regard service on the US counsel as improper, and that could come into play if the plaintiff sought recognition and enforcement of a judgment in Brazil. But since service on a US lawyer takes place in the United States, it&#039;s difficult for me to see how Brazil could make a strong case that such service would offend its sovereignty, which is really a territorial notion. 

Your references to the briefs and the argument lead me to think that you were involved in the case. If so, I&#039;d be grateful for any other impressions you have!]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://lettersblogatory.com/2011/06/14/case-of-the-day-jb-custom-inc-v-amadeo-rossi-s-a/#comment-178">Kerri</a>.</p>
<p>Thanks, Kerri, for the comment. It&#8217;s possible, as you say, that Brazil would regard service on the US counsel as improper, and that could come into play if the plaintiff sought recognition and enforcement of a judgment in Brazil. But since service on a US lawyer takes place in the United States, it&#8217;s difficult for me to see how Brazil could make a strong case that such service would offend its sovereignty, which is really a territorial notion. </p>
<p>Your references to the briefs and the argument lead me to think that you were involved in the case. If so, I&#8217;d be grateful for any other impressions you have!</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Kerri		</title>
		<link>https://lettersblogatory.com/2011/06/14/case-of-the-day-jb-custom-inc-v-amadeo-rossi-s-a/#comment-178</link>

		<dc:creator><![CDATA[Kerri]]></dc:creator>
		<pubDate>Fri, 20 Jan 2012 22:06:27 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=1414#comment-178</guid>

					<description><![CDATA[It was clear from the briefing that Brazilian law prohibited service by mail.  Further, Brazil found it to be an offense to Brazilian sovereignty if one of its domiciliaries were served by ANY METHOD OTHER THAN by Letters Rogatory.  Thus, service on US counsel would clearly be improper.  Also, oral arguments made clear that the plaintiffs had not attempted any service of process other than dropping something in the mail.  The judge indicated that, if they had TRIED service via letters rogatory, and that service was unsuccessful or it was taking an unreasonably long time, AND if the plaintiff moved for an order for alternative service (in this case they did not), they the judge would have considered alternative service in that exceptional circumstance.]]></description>
			<content:encoded><![CDATA[<p>It was clear from the briefing that Brazilian law prohibited service by mail.  Further, Brazil found it to be an offense to Brazilian sovereignty if one of its domiciliaries were served by ANY METHOD OTHER THAN by Letters Rogatory.  Thus, service on US counsel would clearly be improper.  Also, oral arguments made clear that the plaintiffs had not attempted any service of process other than dropping something in the mail.  The judge indicated that, if they had TRIED service via letters rogatory, and that service was unsuccessful or it was taking an unreasonably long time, AND if the plaintiff moved for an order for alternative service (in this case they did not), they the judge would have considered alternative service in that exceptional circumstance.</p>
]]></content:encoded>
		
			</item>
	</channel>
</rss>
