Category Archives: Recognition and Enforcement

Case of the Day: Fleischer Studios v. AVELA

The case of the day is Fleischer Studios, Inc. v. AVELA, Inc. (C.D. Cal. 2016). Fleischer and Hearst Holdings, Inc. sued AVELA for trademark infringement in the English High Court. The court issued an “Interim Award” in favor of the plaintiffs. AVELA sought a stay pending appeal, but the Court of Appeal in the UK denied the motion. AVELA’s appeal was stricken when it failed to post security. Fleischer and Hearst then sought recognition and enforcement in California.
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Case of the Day: Avotiņš v. Latvia

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The case of the day is Avotiņš v. Latvia (ECHR 2016). Pēteris Avotiņš, an investment consultant residing in Latvia, had borrowed $100,000 from F.H. Ltd., a Cyprus company. FH sued in the Limassol (Cyprus) District Court, alleging that Avotiņš had failed to pay. The Cyprus court granted leave to serve the summons on Avotiņš outside of Cyprus after FH provided an affidavit giving the address of Avotiņš’s supposed habitual residence in Riga. Avotiņš later asserted that the address was neither his business address nor his home address, but rather merely the address of the place where he had signed the deed evidencing the debt.
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Case of the Day: Resorts World v. Chan

The case of the day is Resorts World at Sentosa Pte Ltd. v. Chan (D. Hawaii 2016). Resorts World sued Chan in the Singapore High Court on a debt. The Singaporean court entered judgment for Resorts World for $882,644. Resorts World brought an action for recognition and enforcement in Hawaii. Chan moved to dismiss for insufficient service of process. She also asserted that the Singapore judgment was void because she had not properly been served with process in that proceeding, and that the district court lacked subject-matter jurisdiction.
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