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Case of the Day: Banca Pueyo v. Lone Star Fund IX
The case of the day is Banca Pueyo S.A. V. Lone Star Fund IX (US), LP (5th Cir. 2020). The case addresses an important point about § 1782 procedure, namely, when a decision is sufficiently final to permit an appeal. I preface the discussion by saying that if you find yourself in a § 1782……
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Case of the Day: Servotronics v. Rolls-Royce
The case of the day is Servotronics, Inc. v. Rolls-Royce PLC (7th Cir. 2020). I wrote about a related Fourth Circuit case earlier this year. The case deepens the circuit split on whether Section 1782 reaches private foreign arbitrations. The Fourth and Sixth Circuits have recently said “yes.” The Second and Fifth Circuits had said……
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Case of the Day: Anova v. Hong King Group
The case of the day is Anova Applied Electronics, Inc. v. Hong King Group, Ltd., 334 F.R.D. 465 (D. Mass. 2020). Anova, a kitchen appliance manufacturer, sued Hong King, a Chinese firm, and other Chinese companies for trademark and trade dress infringement. It sought leave to serve process by email under FRCP 4(f)(3).
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Case of the Day: EGI-VSR v. Coderch
The case of the day is EGI-VSR, LLC v. Coderch (11th Cir. 2020). EGI-VSR had a $28 million arbitral award against Juan Carlos Celestino Coderch Mitjans, who lived in Brazil. EGI-VSR sought confirmation in Miami, and the court confirmed the award. On appeal, Coderch argued that he had not properly been served with process in……