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Note of the Day: Vanderbeek on Rockefeller
Congratulations to Thomas G. Vanderbeek, who has published a student note in the Vanderbilt Law Review on the problem of “contracting around” the Hague Service Convention in light of Rockefeller v. Changzhou Sinotype. Vanderbeek correctly identifies two approaches to the problem. The first approach focuses on giving effect to the Convention’s terms, particularly its insistence……
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Case of the Day: Cheah v. Eighth Judicial District Court
The case of the day is Cheah v. Eighth Judicial District Court (Nev. 2023). Chyuan Yong Cheah was a Malaysian national. In 2018, he rented a car in Nevada and was involved in a car accident in Las Vegas. Andre Davis, who claimed he was injured in the accident, sued Cheah in 2019, but he……
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Capable of Repetition But Evading Review: The Second Circuit Dismisses Appeal on Email Service
The Second Circuit has dismissed the appeal in the Smart Study case for lack of jurisdiction. I wrote about the district court’s decision back in August 2022. The case was a trademark and copyright infringement case involving “Baby Shark.” You’re welcome. The plaintiff had obtained a preliminary injunction, but when it moved for a default……
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Case of the Day: Kyjen Co. v. Individuals
The case of the day is Kyjen Co. v. Individuals (S.D.N.Y. 2023). The case was a pretty typical “Chinese knockoffs sold on the internet” case. The plaintiff sought a temporary restraining order and moved for leave to serve process by email and “online publication.” The plaintiff didn’t know the defendants’ addresses, but the judge took……
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Case of the Day: Voltage Pictures v. Gussi
The case of the day is Voltage Pictures, LLC v. Gussi, S.A. de C.V. (C.D. Cal. 2022). Voltage is a film production and distribution company in Los Angeles. Gussi was a Mexican company. The parties had a contract for the distribution of the film “Ava” in Latin America. There was a dispute that resulted in……