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Case of the Day: Progressive Southeastern Insurance Co. v. J&P Transport
The Case of the Day, Progressive S.E. Ins. Co. v. J&P Transport (N.D. Ind. 2011), is a denial of a motion for alternative service in Canada. Progressive, the plaintiff, sought to serve Andrews, a Canadian, at an Ontario address that its private investigator had obtained, via the Canadian Central Authority. The Central Authority’s certificate stated……
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Case of the Day: In re Application for Appointment of Commissioner
The case of the day is In re Application for Appointment of a Commissioner re Request for Judicial Assistance (N.D. Cal. 2011). It involves a request by a Spanish plaintiff for issuance of a subpoena to WordPress.com and Automattic, Inc., which, incidentally, do a great job hosting Letters Blogatory. The applicant was Yamaha Motor España,……
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Case of the Day: Zions First National Bank v. Moto Diesel Mexicana
The case of the day is Zions First Nat’l Bank v. Moto Diesel Mexicana, S.A. de C.V. (E.D. Mich. 2011). According to the complaint, MDM, a Mexican firm, wrote several checks to another Mexican firm, Casa de Cambio Majapara S.A. The checks, which totaled more than $2 million, were drawn on Comerica Bank, in Detroit.……
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Case of the Day: Fraserside IP LLC v. Youngtek Solutions Ltd.
The case of the day is Fraserside IP, LLC v. Youngtek Solutions Ltd. (N.D. Iowa 2011). Who knew that the “adult entertainment” industry on the internet would yield so many cases of the day (e.g., BluMedia v. Sordid Ones and Playboy Enterprises v. Smartitan) ? In today’s case, Fraserside, an Iowa subsidiary of Fraserside Holdings,……
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Case of the Day: Costa v. Celebrity Cruises
The case of the day is Costa v. Celebrity Cruises, Inc. (S.D. Fla. 2011), involved a motion to vacate an arbitral award. The case repeats what I think is a mistake about the relationship between Article V of the New York Convention and motions to vacate or set aside awards made in the US. I……