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Case of the Day: In re Petition of Macquarie Bank

The case of the day is In re Petition for Judicial Assistance of Macquarie Bank, Ltd. (D. Nev. 2015). Macquarie, an Australian bank, had lent $11 million to Juno Holdings, B.V., a Netherlands Antilles company, in anticipation of an IPO by Juno’s indirect subsidiary, Liberty Financial Pty Ltd. Juno did not repay the loan, and Macquaries sued in a Netherlands Antilles court and obtained a judgment. Macquarie sought to collect by seeking to attach Juno’s shares in one of its other subsidiaries, Jupiter Holdings, B.V., a Dutch company. The idea was that Juno owned shares in Minerva Financila Group Pty Ltd., which in turn was the ultimate own er of Liberty Financial. For the purpose of collection, Macquarie brought an action in the Netherlands. In aid of discovery in that case, Macquarie sought discovery in the U.S. from Sherman Ching Ma, who it alleged was director of Juno, Jupiter, Liberty, and Minerva.
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Case of the Day: Smith v. Wolf Performance Ammunition

The case of the day is Smith v. Wolf Performance Ammunition (D. Nev. 2015). Andrew Smith alleged that he was injured when, in 2012, “the firearm and ammunition he was using exploded in his face.” He sued Sporting Supplies International, apparently the merchant from whom he bought the allegedly defective ammunition. SSI impleaded Tula Cartridge Works, a Russian corporation, claiming Tula was liable to it for contribution and indemnification. SSI sought leave under FRCP 4(f)(3) to serve process by alternate means on Tula, noting Russia’s unilateral refusal to execute requests under the Hague Service Convention originating in the United States. In particular, SSI sought leave to serve process by mail and by email. Russia has objected to service under Article 10 of the Convention.
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Case of the Day: NML Capital v. Argentina

The case of the day, NML Capital v. Republic of Argentina (D. Nev. 2014), is a small corner of the Argentine sovereign debt debacle. NML, the victorious judgment creditor, sought to take post-judgment discovery in Nevada in aid of its judgment under FRCP 69.
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