The case of the day is In re Marriage of Lohman (Colo. Ct. App. 2015). The wife was an Englishwoman. She and the husband married in Colorado in 1997, and they had a child the next year. In 2008, after the couple separated, the wife moved to England with the child, while the husband stayed in Colorado.
The wife filed a divorce petition in an English court and served her husband with process in Colorado. The husband did not participate in the English proceedings. In 2010, the English court entered a judgment against the husband for £638,000, which included £120,000 as a lump sum for maintenance, £80,000 for the child’s post-secondary education, £423,000 for the purchase of a home, and £15,000 for attorney’s fees.
The wife then sought to register the English support order in the Grand County (Colorado) District Court under the Uniform Family Support Act. The husband opposed her attempt. The district court ruled in favor of the wife and the husband appealed, arguing that the English court had lacked personal jurisdiction. (There was procedural wrangling about whether the defense had been waived, etc., that I won’t cover here).
Continue reading Case of the Day: In re Marriage of Lohman
The case of the day is AVR Communications, Ltd. v. American Hearing Systems, Inc. (Minn. Ct. App. 2005). American Hearing Systems, a Minnesota firm in the hearing aid business, got into a contract dispute with AVR, an Israeli firm. In 2007, AVR commenced an arbitration against AHS in Israel that resulted in an award in favor of AVR for $2.675 million in damages and ₪ 1 million in fees and expenses. In other words, the award was partly denominated in dollars and partly in shekels. In 2014, the U.S. District Court for the District of Minnesota confirmed the award. Its judgment required payment of a portion of the judgment in shekels, just as the award had. AVR then sought to register the federal judgment in the Minnesota state district court. The decision said AVR did this “so [it] could begin collection proceedings.” Of course, registration of the federal judgment in the state courts was hardly necessary—the federal courts have ample remedies for judgment creditors, and indeed, FRCP 69 incorporates the remedies the judgment creditor would have in the state courts.
In any event, the state district court refused to enter a judgment denominated in both dollars and shekels. Instead, it entered a judgment denominated in dollars only, at a particular conversion rate. AHS appealed.
Continue reading Case of the Day: AVR Communications v. American Hearing Systems
Earlier today I published Doug Cassel’s comment on Yaiguaje. Here are a few of my own thoughts on the case:
Continue reading Thoughts on Yaiguaje