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The Medellín Treaty: Electronic Transmission of Requests for Service
Usually when we talk about electronic means of service of process we are talking about the service of process itself. But in cases where the Hague Service Convention or the Inter-American Convention applies, there is another question: how does one central authority transmit the documents to be served to another central authority? The Conventions themselves……
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Case of the Day: Brown v. Tamas
The case of the day is Brown v. Tamas (Cal. Ct. App. 2019). Here is how the decision begins: The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters sets the rules for service of judicial documents in foreign countries. When the Probate Code requires delivery of notice, as……
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Case of the Day: Finjan v. Zscaler
The case of the day is Finjan, Inc. v. Zscaler, Inc. (N.D. Cal. 2019). It’s from early in 2019, but I missed it when it was issued. The case was a patent dispute. Finjan, a computer security company, sought the production of emails from Tim Warner, a British citizen living in the UK. The emails……
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Case of the Day: Vischer AG v. Apollo Enterprise Solutions
The case of the day is Vischer AG v. Apollo Enterprise Solutions, Inc. (Cal. Ct. App. 2019). Vischler, a Swiss firm, had obtained a judgment for $160,000 for breach of contract against Apollo in the Commercial Court in Zurich. Vischer sought recognition in California and asserted that the Swiss judgment entitled it to damages in……
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Cert. Watch: Merlini v. Canada
The First Circuit, in a 3-3 vote, has denied Canada’s petition for a rehearing en banc in Merlini v. Canada, the FSIA case I’ve written about before in which I’m representing the plaintiff. I last wrote about the case in June 2019, when I reported on the First Circuit decision in Merlini’s favor. To recap,……