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Case of the Day: Van Damme v. Gelber
The case of the day is Van Damme v. Gelber, 2013 ONCA 388. Thanks to friend-of-Letters-Blogatory Antonin Pribetić for bringing it to light at the Trial Warrior Blog. Nahum Gelber was a Canadian national living in Monaco. Alexandre Van Damme claimed that he had a contract with Gelber to purchase a painting Gelber owned. But……
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Case of the Day: Lexmark International v. Ink Technologies Printer Supplies
The case of the day is Lexmark International, Inc. v. Ink Technologies Printer Supplies, LLC (S.D. Ohio 2013). The plaintiff sought leave to serve defendants in China and Germany via email. The judge noted that both China and Germany are parties to the Hague Service Convention. The judge granted the motion. He did not analyze……
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Case of the Day: Corporación Mexicana de Mantenimiento Integral v. PEMEX-Exploración Y Producción
The case of the day is Corporación Mexicana de Mantenimiento Integral v. PEMEX-Exploración Y Producción (S.D.N.Y. 2013). PEMEX Exploración y Produccion (“PEP”) was a subsidiary of the Mexican state-owned petroleum company, PEMEX. COMMISA was a Mexican subsidiary of KBR, Inc. In 1997, PEP and COMMISA entered into a contract for the construction of two offshore……
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Case of the Day: Jerez v. Republic of Cuba
The case of the day is Jerez v. Republic of Cuba (D.D.C. 2013). In 2005, Nilo Jerez sued Cuba and various government officials and agencies, including Fidel and Raul Castro, alleging that he had been tortured in a Cuban prison in the early 1970s. He obtained a default judgment in a Florida state court, and……
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Case of the Day: In re Sinohub Securities Litigation
The case of the day is In re Sinohub Securities Litigation (S.D.N.Y. 2013). The lead plaintiff, Ellsworth Investments Ltd., sought leave under FRCP 4(f)(3) to serve three of the individual defendants, Henry T. Cochran, Daniel Chi Keung Lui, and Lei Xia, by service on Sinohub’s lawyer in Boston. All three of the individual defendants were……