Comments on: Case of the Day: Landstar Global Logistics v. Robinson & Robinson https://lettersblogatory.com/2013/05/23/case-of-the-day-landstar-global-logistics-v-robinson-robinson/ The Blog of International Judicial Assistance Sun, 01 Dec 2024 03:29:50 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Alejandro Osuna https://lettersblogatory.com/2013/05/23/case-of-the-day-landstar-global-logistics-v-robinson-robinson/#comment-4992 Thu, 13 Apr 2023 02:21:41 +0000 http://lettersblogatory.com/?p=14350#comment-4992 In reply to SJ Foster.

How did your case end up? I just read your post (seven years late!)

]]> By: Ted Folkman https://lettersblogatory.com/2013/05/23/case-of-the-day-landstar-global-logistics-v-robinson-robinson/#comment-1342 Wed, 20 Jul 2016 01:15:30 +0000 http://lettersblogatory.com/?p=14350#comment-1342 In reply to SJ Foster.

SJ, I think you need to consult with a lawyer! Please feel free to reach out to me via the contact page, and if not me, be sure to find someone.

]]> By: SJ Foster https://lettersblogatory.com/2013/05/23/case-of-the-day-landstar-global-logistics-v-robinson-robinson/#comment-1341 Wed, 20 Jul 2016 00:03:53 +0000 http://lettersblogatory.com/?p=14350#comment-1341 Does anyone have an update on this? We’re needing to have a California judgment recognized by the Mexico courts and Landstar Global appears to still be controlling law in California. Is it possible that “domesticating” the California judgment in Mexico is different from the “registration of a judgment lien” that was sought in Landstar Global? Of course, once the Mexico court recognizes the California judgment, we intend to use the enforcement of judgment law of Mexico to collect from the California judgment debtor who owns an LLC in Mexico holding realty.

]]> By: Ted Folkman https://lettersblogatory.com/2013/05/23/case-of-the-day-landstar-global-logistics-v-robinson-robinson/#comment-1340 Tue, 10 Dec 2013 19:40:42 +0000 http://lettersblogatory.com/?p=14350#comment-1340 In reply to Alejandro Osuna.

I think you’re right that neither § 1781 nor § 1782 gives a standard. Section 1782 doesn’t even deal with letters rogatory originating from US courts. Nor does FRCP 28 spell out the factors. I think it is really a matter of common law.

I’m very surprised that a judge would take the view that a US court lacks the power to issue a letter rogatory. I’d be happy to discuss particular cases with you offline.

]]> By: Alejandro Osuna https://lettersblogatory.com/2013/05/23/case-of-the-day-landstar-global-logistics-v-robinson-robinson/#comment-1339 Tue, 10 Dec 2013 05:03:30 +0000 http://lettersblogatory.com/?p=14350#comment-1339 In reply to Ted Folkman.

What is the rule on the issuance of letters rogatory under the FRCP? I see the rules under ss 1781 and 1782, but do not believe these are relevant for specifically authorizing a US Judge to issue a LR to a judge, say, in Mexico , asking for cooperation to enforce a judgment. So far, in two cases I have been consulted with, one from Maryland and another one from California, the judges have refused to issue Letters Rogatory claiming that they had no authority to do so. What do you think? Aren’t these US judges undermining their own authority? Aren’t they, in a nuthsell, denying justice to their own citizens because of their unwiligness to ask for assistance to a foreign court?

]]> By: Ted Folkman https://lettersblogatory.com/2013/05/23/case-of-the-day-landstar-global-logistics-v-robinson-robinson/#comment-1338 Thu, 05 Dec 2013 02:30:08 +0000 http://lettersblogatory.com/?p=14350#comment-1338 In reply to Alejandro Osuna.

Alejandro, thanks for the comment. I don’t know California practice and so can’t comment on the source of a California court’s power to issue a letter rogatory. In federal practice, letters rogatory are authorized under FRCP 28, and the same is true in many states, e.g., in Massachusetts, where I practice. But the rules aside, I think there is plenty of authority for the proposition that a court has inherent authority to issue a letter rogatory.

I agree with you that nothing in the decision should be read to forbid a judge to issue a letter rogatory. But crazy things can happen in California. I’ve appeared pro hac vice in the state and federal courts there several times and am always struck by how differently things work there.

]]> By: Alejandro Osuna https://lettersblogatory.com/2013/05/23/case-of-the-day-landstar-global-logistics-v-robinson-robinson/#comment-1337 Thu, 05 Dec 2013 01:17:46 +0000 http://lettersblogatory.com/?p=14350#comment-1337 The Landstar case has caused a great deal of confusion for practitioners on the California side of the border. Mexican Courts will recognize a foreign judgment, provided that it does not concern an action in rem. In a nutshell, if it is a money judgment from a contracts or torts case, you can enforce it. The Mexican Court will look at due process issues (whether party against enforcement is sought was served, wether the US court had jurisdiction in a manner consistent with Mexican procedural law, that the foreign judgment is res judicata). However, I am getting a lot of comments from California attorneys saying to me, in a nutshell, California Judges are not authorized to issue letters rogatory. I don’t think they are Reading the Landstar correctly. I do have a question, What gives a US Judge authority to issue a letter rogatory? Is it a inherent authority? Is it based on precedent?

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