Case of the Day: Kudu Co. v. Latimer

The case of the day is Kudu Co. v. Latimer (E.D. Tex. 2011). Kudu sued for confirmation of a Thai arbitral award against Latimer. Latimer first moved to dismiss on the grounds that he had not been served with process. The dispute centered on whether Latimer actually resided at the Texas address where he was served with process. The court denied the motion to dismiss, apparently concluding that the address where service was made was Latimer’s “dwelling or usual place of abode,” see Fed. R. Civ. P. 4(e)(2)(B). But when Latimer later moved to dismiss on the grounds that the court could not exercise personal jurisdiction, the magistrate judge concluded that Latimer was a resident of Thailand and recommended granting the motion. This is somewhat curious, for obvious reasons. The magistrate judge sought to square the circle by suggesting that on the evidence before him when he ruled on the first motion. Maybe this is so, but it’s not clear why Latimer wouldn’t have put before the court the evidence regarding his residence when he moved to dismiss on the basis of insufficient service of process.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2012), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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