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Case of the Day: Estate of Klieman v. Palestinian Authority
Today’s Case of the Day, Estate of Klieman v. Palestinian Auth. (D.D.C. 2011), involves a letter of request under the Hague Evidence Convention for the testimony of witnesses in Israel. Klieman, a U.S. citizen, was the victim of a Palestinian terrorist attack on a civilian bus in Israel in 2002. The claim was that Klieman had……
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Case of the Day: Baldiga v. Joint Stock Co. (In re Cyphermint, Inc.)
The case of the day, Baldiga v. Joint Stock Co. (In re Cyphermint, Inc.) (Bankr. D. Mass. 2011), is from my home base in Boston. It involves the difficulties in serving process in Russia under the Hague Service Convention. The case was a preference avoidance action by the Chapter 7 Trustee against the St. Petersburg……
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Digest for February 23, 2011
Pearl Seas Cruises, LLC v. Irving Shipbuilding Inc., 2011 WL 577333 (D. Conn.). In an arbitration between Connecticut business registered in Marshall Islands (Pearl Sea Cruises LLC) and a Canadian shipbuilder, the arbitration panel issued a partial decision, leaving issues of regulatory compliance and damages for later proceedings. Pearl Sea Cruises petitioned to vacate in……
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Disgest for February 18, 2011
Sunseeker International Ltd v. Devers, 50 So.3d 715 (Fla. App. 4th Dist. Dec. 15, 2010). English boat manufacturer sought review of denial of its motion to quash service of Florida complaint based on failure to comply with Hague Convention and Florida statute regarding service of foreign corporation. The company had at one time been registered to……
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Case of the Day: Wuxi Taihu Tractor Co. v. York Group, Inc.
Our case of the day, Wuxi Taihu Tractor Co. v. York Group, Inc. (S.D. Tex. 2011), is a fairly straightforward application of waiver principles in a Hague Service Convention case. The parties were both manufacturers of coffins. The procedural posture of the case was somewhat complicated, but at bottom, York had sued Wuxi, a Chinese……