The case of the day is Kim v. Lakeside Adult Family Home (Wash. 2016). This is the appeal of the case of the day from February 20, 2015. Here was my summary of the facts from the prior post:
Ho Im Bae was an inpatient resident of the Lakeside Adult Family Home, a nursing home. She died of a morphine overdose, and her death was ruled a homicide. The personal representative of her estate, Esther Kim, sued several defendants, including a nurse, Christine Thomas. The claim against Thomas was that she was allegedly negligent for failing to report that Bae was being abused, as required under Washington’s mandated reporter law. Thomas, a Norwegian national living in Norway at the time of the lawsuit, moved to dismiss for insufficient service of process. The trial court ruled that the service was proper, but it dismissed the claim on the merits on summary judgment. …
The decision is short on details of Kim’s attempt to effect service. Kim hired a process server, who personally served the documents on Thomas at her residence. It’s unclear whether the process server was a private person or a person with some particular competence under Norwegian law. It’s also unclear what methods of service Norwegian law permits, although the court noted without explanation that the service was “considered due and proper service under the laws of Norway.” Norway is a party to the Hague Service Convention, and it has objected to service under Article 10.
Thomas appealed on the service issue, and the court of appeals affirmed—I opined in the prior post that this was a mistake. Now the case was on appeal to the Washington Supreme Court.
Continue reading Case of the Day: Kim v. Lakeside Adult Family Home
The case of the day is Gregor v. Otuorimuo (Conn. Super. Ct. 2016). The case was a divorce case. husband and the wife were married in Connecticut in 2011. The husband sued for a divorce, asserting that there had been an irretrievable breakdown in the marriage. The wife was living in Nigeria. The husband tried unsuccessfully to serve process by mail and then served process by publication. After the court decreed a dissolution of the marriage, the wife sought to vacate the judgment on the grounds of insufficiency of service of process. The court granted the motion.
Continue reading Case of the Day: Gregor v. Otuorimuo
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