-
New Paper on SSRN: Gurung v. Malhotra Is Wrongly Decided
Long-time readers will know that Gurung v. Malhotra, 279 F.R.D. 215 (S.D.N.Y. 2011), the 2011 decision on service of process by email, is my white whale. I have watched with dismay as a handful of new cases have cited Gurung in support of the erroneous position that service by e-mail is permissible in cases where……
-
Case of the Day: Bravetti v. Liu
The case of the day is Bravetti v. Liu (D.N.J. 2013). The case was a shareholder derivative action brought by David Bravetti, a shareholder of American Oriental Bioengineering, Inc., against Tony Liu, Yanchun Li, Binsheng Li, Jun Min, Lawrence Wizel, Cosimo Patti, Xianmin Wang, Baiquing Zhang, Eileen Brody, who were officers or directors of the……
-
Case of the Day: Yaiguaje v. Chevron Corp.
The case of the day is Yaiguaje v. Chevron Corp., 2013 ONCA 758. This is the appeal of the Ontario Superior Court’s decision staying the Lago Agrio plaintiffs’ action for recognition and enforcement of the Ecuadoran judgment, which we covered in May 2013. Antonin Pribetić has early reaction to the new decision at The Trial……
-
Lago Agrio: Plaintiffs Victorious in Canadian Appeal
I just received word that the Lago Agrio plaintiffs were successful in their appeal of the Yaiguaje case in Ontario. Here is the decision. I am on my way to court now but will have more on this later tonight.
-
Case of the Day: Armadillo Distribution v. Hai Yun Musical Instruments
The case of the day is Armadillo Distribution Enterprises, Inc. v. Hai Yun Musical Instruments Manufacture Co. (M.D. Fla. 2013). The claim was that Hai Yun had sold Armadillo defective musical instruments. Armadillo sought to serve process on Hai Yun, a Chinese firm, via the Chinese central authority. The central authority returned a certificate under……