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BREAKING: The Lago Agrio Plaintiffs Petition The Second Circuit for a Writ of Mandamus
An occasional Letters Blogatory correspondent who wishes to remain anonymous, Hal Holbrook to my Robert Redford, has pointed me to a new petition by the Lago Agrio plaintiffs for a writ of mandamus. The gist of the petition is that Judge Kaplan has, in various ways, violated the spirit of the Second Circuit’s mandate in……
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Case of the Day: Asarco v. Xstrata
The case of the day is Asarco LLC v. Xstrata plc (D. Utah 2013). The claim was for contribution under CERCLA. According to Xstrata’s characterization of the return of service, which for unclear reasons is not publicly available via PACER: [t]he documents were served by posting them through the defendant company’s letterbox at the registered……
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On the Application of the Hague Service Convention in Greece
Today Letters Blogatory welcomes the first contribution from new IJA Brigade member Apostolos Anthimos, a Thessaloniki lawyer and a member of the LLM visiting faculty at the International Hellenic University. Welcome, Apostolos! His maiden post covers two recent Greek cases on the Hague Service Convention. The Hague Service Convention was ratified by the Hellenic Republic……
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Case of the Day: Elcometer v. TQC-USA
The case of the day is Elcometer, Inc. v. TQC-USA, Inc. (E.D. Mich. 2013). Elcometer was a manufacturer and distributor of handheld coating thickness gauges. It sued TQC-USA, Paintmeter.com, and Robert Thoren (Paintmeter’s principal) for trademark infringement. Elcometer attempted to serve Paintmeter and Thoren via personal service and certified mail, but both attempts were unsuccessful.……
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Case of the Day: Gentile v. Biogen IDEC
Today’s case of the day, Gentile v. Biogen IDEC (D. Mass. 2013), is outside of Letters Blogatory’s scope of coverage, but I am writing about it anyway because it involves one of my favorite subjects in civil procedure, removal of cases from a state court to a federal court. In my first year of practice,……