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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The case of the day is Shanghai Commercial Bank Ltd. v. Chang (Wash. Ct. App. 2016). The bank had a Hong Kong judgment against Chang on account of an unpaid debt. The bank sought recognition and enforcement of the Hong Kong judgment in Washington, where Chang and his wife, Chen, had lived for many years. They were married long before Chang incurred the debt to the bank, though Chen herself had not incurred the debt and didn’t know about it at the time. The trial court held previously held that the Hong Kong judgment was entitled to recognition, and in today’s case it held that the judgment could be enforced against the marital property of Chang and Chen (Washington is a community property state). Chang appealed. Continue reading Case of the Day: Shanghai Commercial Bank v. Chang→
The case of the day is Bevilacqua v. US Bank, NA (Fla. Dist. Ct. App. 2016). US Bank brought a foreclosure action against a mortgagor, Renato Bevilacqua. The return of service indicated that Bevilacqua was personally served in Miami, Florida. US Bank obtained a default judgment, but Bevilacqua then moved to set aside the judgment, stating that he lived in Italy, had never been served with process, and had had no notice of the action. The court set aside the judgment. The bank then sought to serve process on Bevilacqua via the central authority under the Hague Service Convention. Continue reading Case of the Day: Bevilacqua v. US Bank→