The case of the day is Amirault v. Ferrari (N.D. Ohio 2015). Darcie Amirault sued Riccardo Ferrari, a resident of Italy, for libel in the Cuyahoga County Court of Common Pleas. Ferrari removed the case to the District Court and moved to dismiss for insufficient service of process. Amirault had served the summons and complaint by mail prior to removal.
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The case of the day is In re Application Pursuant to 28 U.S.C. § 1782 (S.D. Ohio 2014). Sebastian Stygar was one of the shareholders and managing directors of several companies called the Lingaro entities. He claimed he had been wrongfully frozen out of the business, and he sought discovery from his two fellow principals, Slawomir Kaczor and Tomasz Rogucki, for use in litigation concerning the dispute in Poland. The facts of the dispute aren’t otherwise important. The key question is where Kaczor and Rogucki could be found. Under § 1782, you can obtain an order for discovery from someone who “resides or is found” in the relevant judicial district. Here, Stygar’s claim was that Kaczor and Rogucki were “found” in the Southern District of Ohio because they occasionally traveled to Cincinnati for work.
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The case of the day is Midmark Corp. v. Janak Healthcare Pvt. Ltd. (S.D. Ohio 2014). Janak was an Indian firm in which several members of the Mehta family, including Apurva J. Mehta, were shareholders. Midmark and the defendants (Janak and the Mehtas) entered into a share purchase agreement. A dispute arose, and Midmark sought a preliminary injunction to preserve the status quo while it moved to compel arbitration.
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