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Case of the Day: Elsevier v. Chew
The case of the day is Elsevier, Inc. v. Chew (S.D.N.Y. 2018). Elsevier, a publisher, sued twenty unknown defendants, alleging they were infringing its copyright by selling counterfeit textbooks on eBay. By way of subpoenas to eBay and PayPal, Elsevier was able to obtain the names and email addresses of the defendants, though not their……
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Case of the Day: Inversiones Papaluchi v. Superior Court
The case of the day is Inversiones Papaluchi S.A.S. v. Superior Court (Cal. Ct. App. 2018). The case arose out of helicopter accident in Colombia in 2011. The defendants brought a cross-complaint against Inversiones Papaluchi, a Colombian entity. Colombia is a party to the Hague Service Convention and has not objected to service by postal……
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Case of the Day: Apindo Corp. v. Toschi Vignola S.R.L.
The case of the day is Apindo Corp. v. Toschi Vignola S.R.L. (D.P.R. 2018). Apindo brought claims against Toschi, an Italian company, under Puerto Rico law. Toschi moved to dismiss for insufficient service of process—Apindo had served process by mail, without an Italian translation.
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Case of the Day: SEC v. Cluff
The case of the day is SEC v. Cluff (S.D.N.Y. 2018). The SEC moved for leave under FRCP 4(f)(3) to serve process on James Shaoul by email. Shaoul was in Israel. Israel is a party to the Hague Service Convention and has not objected to service by postal channels under Article 10(a).
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Case of the Day: Jackson Laboratory v. Nanjing University
The case of the day is Jackson Laboratory v. Nanjing University (D. Me. 2018). The Lab had sold mice to the University with limitations on how they could be used. The contract called for arbitration of disputes in Maine (maybe not the best provision for the Lab, but I digress). The Lab alleged that the……