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Which Courts Decide The Most Judicial Assistance Cases?
The U.S. judicial assistance decisions are not evenly distributed throughout the country. I thought it would be interesting to see which courts have decided the most cases within the Letters Blogatory scope of coverage. There are some caveats, cautions, and provisos. We have only about five months of decisions. My Westlaw query may have missed……
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Heraeus Kulzer Revisited
Louis M. Solomon has a new post with an interesting take on Heraeus Kulzer GmbH v. Biomet, Inc. (7th Cir. 2011), a case we covered here back in January. In Heraeus, the court held that the district court had abused its discretion by refusing a German plaintiff’s request for discovery under § 1782 for use……
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Drafting for Service of Process Problems
A typical choice of forum clause does a few things: it designates an exclusive forum in which claims may be brought; and it contains waivers of the defenses of lack of personal jurisdiction, venue, and forum non conveniens. But typically—in my experience, anyway—it does not address the problem of service of process. So if there……
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Case of the Day: Third Point LLC v. Fenwick
H/T to Antonin I. Pribetic for bringing to light the case of the day, Third Point LLC v. Fenwick, 2011 ONSC 2068, an Ontario case on a letter rogatory from the New Jersey Superior Court seeking a summons for a deposition in Ontario. Canada is not a party to the Hague Evidence Convention, which is……
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Case of the Day: Sbarro, Inc. v. Tukdan Holdings, Ltd.
The case of the day is Sbarro, Inc. v. Tukdan Holdings, Ltd. (N.Y. Sup. Ct. 2011). The underlying facts are not clear from the decision. Sbarro sued Tukdan Holdings, an Israeli firm, and Werner, who lived in Israel. Sbarro effected service in two ways: by registered mail, and by personal service in Israel according to Israeli……