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Case of the Day: Parfitt Way Management v. GSM by Nomad
The case of the day is Parfitt Way Management Corp. v. GSM by Nomad, LLC (N.D.N.Y. 2018). The main claim was for breach of contract for the refurbishment of a trailer. Parfitt sued Guillaume Langevin and Steve Clement on a veil-piercing theory, alleging that they were personally liable for GSM’s alleged breaches for reasons that……
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Case of the Day: Elsevier v. Chew
The case of the day is Elsevier, Inc. v. Chew (S.D.N.Y. 2018). Elsevier, a publisher, sued twenty unknown defendants, alleging they were infringing its copyright by selling counterfeit textbooks on eBay. By way of subpoenas to eBay and PayPal, Elsevier was able to obtain the names and email addresses of the defendants, though not their……
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Case of the Day: SEC v. Cluff
The case of the day is SEC v. Cluff (S.D.N.Y. 2018). The SEC moved for leave under FRCP 4(f)(3) to serve process on James Shaoul by email. Shaoul was in Israel. Israel is a party to the Hague Service Convention and has not objected to service by postal channels under Article 10(a).
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Case of the Day: Jackson Laboratory v. Nanjing University
The case of the day is Jackson Laboratory v. Nanjing University (D. Me. 2018). The Lab had sold mice to the University with limitations on how they could be used. The contract called for arbitration of disputes in Maine (maybe not the best provision for the Lab, but I digress). The Lab alleged that the……
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Case of the Day: Epic Games v. Mendes
The case of the day is Epic Games v. Mendes (N.D. Cal. 2018). Epic had a copyright claim against Konstantin Vladimirovich Rak, who lived in Russia. It sought leave to serve process on Rak, whose address was known, by email under FRCP 4(f)(3).