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Case of the Day: Osorio v. Dow Chemical Co.
The Case of the Day, Osorio v. Dow Chemical Co. (11th Cir. 2011), is reminiscent of the Lago Agrio case. Claim for massive environmental tort in Latin America? Check. A large group of workers and peasants as plaintiffs? Check. Claims of procedural improprieties and partiality in the Latin American courts? Check. American reluctance to recognize……
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Case of the Day: Third Point LLC v. Fenwick
H/T to Antonin I. Pribetic for bringing to light the case of the day, Third Point LLC v. Fenwick, 2011 ONSC 2068, an Ontario case on a letter rogatory from the New Jersey Superior Court seeking a summons for a deposition in Ontario. Canada is not a party to the Hague Evidence Convention, which is……
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New-ish Hague Service Convention Table
A few months ago the Service Section of the Hague Conference published a helpful table showing the position of each state party to the Convention on the applicability of the following provisions of the Convention: Article 8 (freedom of a contracting state to serve process abroad directly through its diplomatic or consular agents) Article 10(a)……
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Case of the Day: De Beers Centenary AG v. Hasson
The Case of the Day, De Beers Centenary AG v. Hasson (S.D. Fla. 2010), is a bizzare nuisance suit that the court properly dismissed and, maybe, a reminder of why it is a good thing that we leave a role for the courts in deciding threshold questions of arbitrability. Hasson had been convicted of wire……
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Case of the Day: Sbarro, Inc. v. Tukdan Holdings, Ltd.
The case of the day is Sbarro, Inc. v. Tukdan Holdings, Ltd. (N.Y. Sup. Ct. 2011). The underlying facts are not clear from the decision. Sbarro sued Tukdan Holdings, an Israeli firm, and Werner, who lived in Israel. Sbarro effected service in two ways: by registered mail, and by personal service in Israel according to Israeli……