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Case of the Day: Kowalski v. Anova Food, LLC
The case of the day is Kowalski v. Anova Food, LLC (D. Hawaii 2012). Kowalski and Hawaii International Seafood, Inc. sued Cleasrsmoke Technologies, Ltd., a Malta corporation. The plaintiffs first attempted service by email to Clearsmoke’s lawyer on the mainland, and then by personal delivery to Clearsmoke’s Hawaii lawyer. But in either case did Kowalski……
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Case of the Day: Feliz v. MacNeill
The case of the day is Feliz v. MacNeill (1st Cir. 2012). The decision is by Justice Souter, who sometimes sits by designation on First Circuit panels. Dr. Briain MacNeill, a physician, treated Santa Encarnacion a few days before her death, and her administratrix, Sobeida Feliz, sued him for medical malpractice. Feliz sued in the……
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Case of the Day: D&D Automation v. MB Sistemas
The case of the day is D&D Automation, Inc. v. MB Sistemas S. Coop. (W.D.N.Y. 2012). D&D, a Canadian firm, had a contract with MB Sistemas, a Spanish firm. When MB terminated the contract and demanded arbitration, D&D brought an action in the New York Supreme Court in Chemung County to enjoin the arbitration on……
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Wallishauser v. Austria: Is 28 U.S.C. § 1608(a)(3) Still Good Law?
Update: Maybe I’ve identified a problem that doesn’t exist. The 1991 Draft Articles also permit service by other means “accepted by the State concerned.” So I suppose that if the foreign state declines to accept service by mail, then no harm, no foul? The case of the day is Wallishauser v. Austria (ECtHR 2012). I’m……