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In re Request for Judicial Assistance From the Norrköping District Court
The case of the day is In re Request for Judicial Assistance from the Norrköping District Court (D. Colo. 2015). In connection with paternity proceedings in a Swedish court, the Swedish judge issued a letter of request under the Hague Evidence Convention to the US central authority, and the central authority (the Department of Justice)……
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Case of the Day: Autodesk v. ZWCAD
The case of the day is Autodesk, Inc. v. ZWCAD Software Co. (N.D. Cal. 2015). The claim was for copyright infringement and trade secret misappropriation; Autodesk claimed that ZWCAD, a Chinese firm, had committed a “wholesale theft of its proprietary source code.” There was a protective order in the case, but ZWCAD claimed that it……
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Hague Service and Evidence Conventions: The US Central Authority’s Unusual Interpretation
A reader wrote in with the following case. He (a Mexican lawyer) asked PFI, the contractor that carries out the day-to-day work of the Department of Justice in its capacity as central authority for the United States under the Hague Service Convention, to serve a summons on a Mexican national in the United States. The……
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Case of the Day: Tansey v. Cochlear Ltd.
The case of the day is Tansey v. Cochlear Ltd. (E.D.N.Y. 2014). The plaintiff, Jeanini Tansey, had a cochlear implant manufactured by Cochlear Ltd., a New South Wales company, to treat her deafness. She alleged that Cochlear had failed to comply with FDA requirements and that the device cracked and stopped working. The device had……
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Case of the Day: In re Berlamont
The case of the day is In re Application of Berlamont (S.D.N.Y. 2014). Franck Berlamont applied for leave to serve a subpoena under § 1782 in order to obtain a transcript of testimony Rajiv Jaitly gave in a deposition in an earlier New York case, Rembaum v. Banco Santander. The deposition had, apparently, taken place……