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Case of the Day: ZF Automotive v. Luxshare
The case of the day is ZF Automotive US, Inc. v. Luxshare, Ltd. (S. Ct. 2022). This is the big Section 1782 decision we all have been waiting for, which asks—and answers!—whether foreign arbitrations are proceedings before “foreign or international tribunals,” and therefore whether parties can obtain discovery in the US for use in foreign……
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Case of the Day: CPC Patent Technologies v. Apple
The case of the day is CPC Patent Technologies Pty. Ltd. v. Apple, Inc. (9th Cir. 2022). The case settles an unsexy but important procedural question in Section 1782 practice in the Ninth Circuit, one that I’ve discussed several times before, most notably here. What authority does a magistrate judge have to decide applications under……
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Case of the Day: Conformis v. Zimmer Biomet Holdings
The case of the day is Conformis, Inc. v. Zimmer Biomet Holdings, Inc. (D. Del. 2022). Conformis sued Medacta International SA, a Swiss company. The case is for patent infringement, though the opinion doesn’t tell us anything about the underlying dispute. Anyway, Medacta International moved to dismiss for insufficient service of process, arguing that while……
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Case of the Day: IJK Palm v. Anholt Services USA
The case of the day is IJK Palm LLC v. Anholt Services USA, Inc. (2d Cir. 2022). IJK was an investor in Palm Investment Partners, which was a minority shareholder of United Oils Limited, SEZC. United Oils, a Cayman entity, ran palm oil plantations in Peru. It fell on hard times, and its board approved……
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Case of the Day: Topstone Communications v. Chenyi Xu
The case of the day is Topstone Communications, Inc. v. Chenyi Xu (S.D. Tex. 2022). I love this case. It shows that the tide is turning. As longtime readers know, ever since Gurung v. Malhotra, courts have approved service by email on defendants in cases within the scope of the HCCH Service Convention, even when……