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Case of the Day: CFTC v. Rubio
The case of the day is Commodity Futures Trading Commission v. Rubio (S.D. Fla. 2012). The CFTC sued Jose S. Rubio, alleging that he had misused investor funds to pay his personal debts and expenses. The CFTC attempted service at Rubio’s last known addresses, but it was unsuccessful. Rubio had been questioned under oath during……
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Email and the Hague Service Convention Revisited
On a bunch of occasions I’ve expressed my view that service by email is impermissible under the Hague Service Convention. By this I mean that you can’t serve process via email if (1) the defendant is in a Hague Service Convention state; (2) the defendant’s address is known (such that the Convention applies); and (3)……
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Case of the Day: Facebook v. Banana Ads
No, today’s case of the day does not involve the Winklevi. Instead, it involves one of the most annoying bad practices on the Internet: typosquatting. I fall victim to it almost every day when I point my browser at nytiems.com or hufingtonpost.com. Some kinds of typosquatting are worse than others. Some involve pointless ads that……
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Liberty Media v. Sheng Gan Revisited: Service On The Web?
Julian Ku recently reported on a High Court decision permitting service of process by Facebook. Today’s case of the day, Liberty Media Holdings, LLC v. Sheng Gan (D. Colo. 2012), a follow-up to our case of the day from January 30, 2012, is a slightly more sophisticated variation on the same theme. In the earlier……
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Case of the Day: RPost Holdings, Inc. v. Kagan
The case of the day, RPost Holdings, Inc. v. Kagan (E.D. Tex. 2012), is yet another example of why you shouldn’t let your lawyer communicate with the plaintiff if you intend to duck service. RPost sued Dmitry Kagan for trademark and patent infringement on account of pointofmail.com, a website it alleged Kagan owned. RPost attempted……