Category Archives: Hague Service Convention

Case of the Day: Grupo Famsa v. District Court

The case of the day is Grupo Famsa, S.A. de C.V. v. Eight Judicial District Court (Nev. 2016). B.E. Uno LLC was the owner of a shopping center in Las Vegas. Famsa, Inc. entered into a lease with Uno for commercial retail space. Grupo Fama guaranteed Famsa’s obligations under the lease. Uno sued Famsa and Grupo Famsa, alleging that Famsa had breached the lease. Uno served process on Grupo Fama in Mexico via the Mexican central authority. It’s not clear from the opinion how Uno requested the central authority to effect service, but I will assume that the request was for service in accordance with Mexican law rather than by a special method or by remise simple. The central authority served the documents on a person who, according to the Article 6 certificate, was “an employee in [Grupo’s] legal department.” Grupo Famsa moved to quash the service, asserting that the employee was in fact just a hostess who greeted people who came into its store. The trial court denied the motion to quash, and Grupo Famsa sought review.
Continue reading Case of the Day: Grupo Famsa v. District Court

Case of the Day: MyECheck v. Titan

The case of the day is MyECheck, Inc. v. Titan International Securities, Inc. (E.D. Cal. 2016). MyECheck claimed that it was the victim of a securities fraud perpetrated by Titan and Sweetsun Intertrade, Inc., both located in Belize. MyECheck served process by having a Belizean lawyer serve the documents on the defendants’ registered agents. After they failed to answer, it sought a default judgment.
Continue reading Case of the Day: MyECheck v. Titan

Case of the Day: Toyo Tire & Rubber v. CIA Wheel Group

The case of the day is Toyo Toy & Rubber Co. v. CIA Wheel Group (C.D. Cal. 2016). Toyo sued Hong Kong Tri–Ace Tire Co. and Jinlin Ma for trade dress infringement, fraud, unfair competition, etc. They sought leave to serve process by email. Both defendants were thought to be in Hong Kong, but Toyo, after some investigation, did not know their address.
Continue reading Case of the Day: Toyo Tire & Rubber v. CIA Wheel Group