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Motions to “Validate” Questionable Service Of Process
In a couple of recent cases of the day (Tuckerbrook v. Banerjee and Davoyan v. Turkey), plaintiffs who had reason to question whether their efforts to effect service of process had been successful asked the court, after the fact but before the defendant had answered, to approve the service. In Tuckerbrook, the plaintiff asked the court to……
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Case of the Day: Tuckerbrook Alternative Investments v. Banerjee
The case of the day, Tuckerbrook Alternative Investments, LP v. Banerjee (D. Mass. 2010), involves an attempt to serve process in India. Tuckerbrook was a registered investment adviser. Banerjee, a resident of India but (according to Tuckerbrook) a US citizen, was a portfolio manager for Tuckerbrook. The parties had a dispute in 2008, which they……
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Case of the Day: Gramercy Insurance Co. v. Kavanagh
Memo to foreign defendants: If you want to avoid service of process by concealing your foreign address from the plaintiff, don’t hire a US lawyer to enter an appearance in the action. The case of the day, Gramercy Insurance Co. v. Kavanagh (N.D. Tex. 2011), is a case in point. Gramercy sued Kennedy and others……
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Dominique Strauss-Kahn and Judicial Assistance
The international law coverage of the charges against Dominique Strauss-Kahn has focused, rightly, on the public international law question of whether Strauss-Kahn can assert a defense of immunity because he is the managing director of the IMF. Duncan Hollis at Opinio Juris has a post up about this. What about the judicial assistance aspects of the……
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Case of the Day: Mitchell v. Volkswagen Group of America
The case of the day, Mitchell v. Volkswagen Group of Am., Inc. (N.D. Ga. 2010), shows the importance of checking the text of reservations to the Hague Conventions in their original language rather than relying on the English translation on the Hague Conference website. The claim was for product liability that resulted in the death……