Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

The White Whale
Gurung v. Malhotra is Wrongly Decided

Case of the Day: ShelterZoom Corp. v. Goroshevsky

Posted on July 28, 2020

The case of the day is Shelterzoom Corp. v. Goroshevsky (SDNY 2020). It’s the latest in the line of cases I love to hate, stemming ultimately from Gurung v. Malhotra: cases authorizing service of process by email in cases governed by the Hague Service Convention where the defendant is in a country that has objected to service under Article 10. Longtime readers will know this catechism by heart, probably, but just in case, here it is:

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Case of the Day: In re Gorsoan Ltd.

Posted on July 27, 2020

The case of the day is In re Gorsoan Ltd. (SDNY 2020). Gorsoan, a Cyprus company, and Gazprombank, the Russian bank, sued dozens of defendants, including Janna Bullock, in Cyprus, alleging a $25 million fraud. The Cyprus court issued a worldwide asset freeze injunction and requiring the defendants, including Bullock, to disclose their assets. Bullock did not comply with the order. So in 2013, Gorsoan obtained an order under § 1782 for issuance of a subpoena to Bullock. Although the court granted the application and the Second Circuit affirmed, “Bullock did not produce much, if any, discovery.” The judge, on Gorsoan’s motion, ordered a second deposition under judicial supervision, but at that deposition, Bullock invoked her right against self-incrimination and refused to testify.

In 2018, Gorsoan brought a second § 1782 application seeking leave to serve subpoenas on Zoe Bullock Remmel and Eugenia Bullock, Janna Bullock’s daughters, Zoya Kuznetsova, her mother, and Stuart Sundlun. The court granted the application, and Gorsoan moved to compel. Janna Bullock then moved to intervene, and after leave was granted, she moved to vacate order allowing the discovery and to quash the subpoenas. In January 2020, the court granted the motion to compel and denied the motion to vacate and to quash. 435 F. Supp. 3d 589.

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Austria’s Interesting Reservation to the Service Convention

Posted on July 22, 2020

Austria ratified the Hague Service Convention a week ago. As Mayela Celis noted at Conflict of Laws, Austria made an interesting reservation at the time of ratification:

The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of 15 November 1965 shall not apply to the service of documents addressed to the Republic of Austria, including its political subdivisions, its authorities and persons acting on its behalf; such service shall be effected through diplomatic channels.

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