The case of the day is Universal Group Development Inc. (Saipan) v. Yu (D.N.M.I. 2015). I believe this is our first case from the Commonwealth of the Northern Mariana Islands. Hafa Adai, Saipan! Just a brief word about the status of the Islands and the court: the Northern Mariana Islands are is an organized unincorporated territory of the United States, like Puerto Rico. The US District Court for the Northern Mariana Islands is not a court established under Article III of the Constitution: it is established under Article IV, § 3, which provides:
The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
Its judges are appointed by the President (with the advice and consent of the Senate) for a limited term, not for life. This is like the District Court of Guam but contrasts with the US District Court for the District of Puerto Rico, which Congress, by statute, made into a true Article III court with judges with tenure during their good behavior. Appeals from the court generally go to the US Court of Appeals for the Ninth Circuit.
Anyway, here was the case. Continue reading Case of the Day: Universal Group Development v. Yu
The case of the day is Persh v. Petersen (S.D.N.Y. 2015). Neil Persh lived in New York, and Aldo Petersen lived in Denmark. The two were friends and business partners. Persh sued Petersen for breach of an oral contract, and Petersen moved to dismiss for insufficient service of process.
Continue reading Case of the Day: Persh v. Petersen
Readers, I hope you will be able to attend an exciting event on the Hague Service and Evidence Conventions this autumn in Washington. Titled “Service of Process and Taking of Evidence Abroad: The Impact of ‘Electronic Means’ on the Operation of the Hague Conventions,” the event will feature panels of distinguished scholars and practitioners from around the world on topics such as (a) the origins, theory and practice of the Conventions, (b) the role of Central Authorities, (c) how civil lawyers and common lawyers deal with issues under the Conventions, and (d) future challenges facing those who use convention mechanisms. I’ll be speaking on one of the panels, though I disclaim the “distinguished” label. Christophe Bernasconi, the Secretary-General of the Hague Conference on Private International Law, will deliver opening remarks, and the keynote speaker will be the Hon. Rimski Yeun, Hong Kong’s Secretary of Justice. A reception will follow.
The event is hosted by the Center on Transnational Business and the Law at Georgetown University Law Center. The co-sponsors are Covington & Burling, Jones Day, Winston & Strawn, the American Branch of the International Law Association, the American Society of International Law, the ABA Section of International Law, and the Hague Conference on Private International Law. You will be able to read about the event right here at Letters Blogatory, but it would be even better to be there in person.
||Service of Process and Taking of Evidence Abroad: The Impact of ‘Electronic Means’ on the Operation of the Hague Conventions.
||Gewirz Center 12th floor
Georgetown University Law Center
600 New Jersey Ave NW, Washington D.C.
||November 2, 2015
||On-line preregistration will be available soon. There is no fee to attend.