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Service in Hong Kong: McIntire v. China MediaExpress Holdings
The case of the day is McIntire v. ChinaMediaExpress Holdings, Inc. (S.D.N.Y. 2013). The case was a putative class action alleging securities fraud against Deloitte Touche Tohmatsu in Hong Kong SAR and others in connection with securities of China MediaExpress Holdings, Inc. The plaintiffs served Deloitte in Hong Kong by private process server on a……
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BREAKING: The Lago Agrio Plaintiffs Petition The Second Circuit for a Writ of Mandamus
An occasional Letters Blogatory correspondent who wishes to remain anonymous, Hal Holbrook to my Robert Redford, has pointed me to a new petition by the Lago Agrio plaintiffs for a writ of mandamus. The gist of the petition is that Judge Kaplan has, in various ways, violated the spirit of the Second Circuit’s mandate in……
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Case of the Day: Asarco v. Xstrata
The case of the day is Asarco LLC v. Xstrata plc (D. Utah 2013). The claim was for contribution under CERCLA. According to Xstrata’s characterization of the return of service, which for unclear reasons is not publicly available via PACER: [t]he documents were served by posting them through the defendant company’s letterbox at the registered……
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Case of the Day: Elcometer v. TQC-USA
The case of the day is Elcometer, Inc. v. TQC-USA, Inc. (E.D. Mich. 2013). Elcometer was a manufacturer and distributor of handheld coating thickness gauges. It sued TQC-USA, Paintmeter.com, and Robert Thoren (Paintmeter’s principal) for trademark infringement. Elcometer attempted to serve Paintmeter and Thoren via personal service and certified mail, but both attempts were unsuccessful.……
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Case of the Day: Gentile v. Biogen IDEC
Today’s case of the day, Gentile v. Biogen IDEC (D. Mass. 2013), is outside of Letters Blogatory’s scope of coverage, but I am writing about it anyway because it involves one of my favorite subjects in civil procedure, removal of cases from a state court to a federal court. In my first year of practice,……