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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,……
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Belfast Project: The Government Opposes the Petition for Certiorari
The government has filed its opposition to the petition of Ed Moloney and Anthony McIntyre for a writ of certiorari in the Belfast Project case. The brief is, of course, of very high quality, as is almost always the case with briefs by the office of the Solicitor General. Of course, it’s easy for me……
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Case of the Day: Collins v. Oilsands Quest
The case of the day is Collins v. Oilsands Quest, Inc. (S.D.N.Y. 2012). Oilsands Quest is an Alberta business that sought bankruptcy protection from the Alberta Court of Queen’s Bench. Collins, on behalf of a putative class, had sued the company and several officers and directors on securities claims. Ernst & Young, which was Oilsands……