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Service of Process and the Unauthorized Practice of Law
I have come across several cases recently where a plaintiff, or more likely the plaintiff’s lawyer, had hired a “vendor” or a contractor to serve process abroad, and where it seemed clear to me that the “vendor” had given the client bad advice or where the vendor had not done a good job effecting the……
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Case of the Day: FKA Distributing v. Yisi Technology
The case of the day is FKA Distributing Co. v. Yisi Technology Co. (E.D. Mich. 2017). FKA sued Yisi, a Chinese firm. FKA first simply emailed the summons to Yisi, but after Yisi failed to respond, it made a request for service under the Hague Service Convention. Although only a few months had passed, FKA……
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Case of the Day: Codigo Music v. Televisa
The case of the day is Codigo Music LLC v. Televisa SA de CV (S.D. Fla. 2017). Codigo sued Televisa, a Mexican company, and sought to serve process via the Central Authority. The Central Authority refused to serve the document on the grounds that it referenced both the Hague Service Convention and the Inter-American Convention……
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Case of the Day: In re Richmond Group
The case of the day is Lustig v. Wilson (In re Richmond Group) (Bankr. W.D.N.Y. 2017). Lustig, the bankruptcy trustee of the Richmond Group, sued Wilson, who resided in New Zealand. Lustig sought leave under FRCP 4(f)(3) to serve process on Wilson by email. New Zealand is not a party to the Hague Service Convention,……
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Case of the Day: Wimbledon Financing Master Fund v. Weston Capital Management
The case of the day is Wimbledon Financing Master Fund, Ltd. v. Weston Capital Management, LLC (N.Y. Sup. Ct. 2017). Wimbledon sued Keith Laslop for aiding and abetting a fraud. After Wimbledon asserted that Laslop had been “duly served … in Canada in accordance with the Hague Convention” (by mail, according to the return of……