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Case of the Day: Topsnik v. United States
The case of the day is Topsnik v. United States (Fed. Cl. 2016). Gerd Topsnik was “a German resident who formerly had business interests in the United States.” He brought claims for damages, asserting that the government had wrongfully levied taxes on him. (In fact, his claims should have been brought as claims for a……
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Case of the Day: DDR Señorial LLC v. Prestige Holdings
The case of the day is DDR Señorial LLC v. Prestige Holdings, Ltd. (D.P.R. 2016). DDR was a Delaware company doing business in Puerto Rico. The defendant, Prestige, was a Trinidad & Tobago company. Trinidad & Tobago is not party to the Hague Service Convention. DDR sought to make service under FRCP 4(f)(2)(A), i.e., “as……
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Bienvenue à Lettres Blogatoires!
Readers, I am very pleased to announce the arrival of the latest blog in the Letters Blogatory family—Lettres Blogatoires! As you know, I write primarily about American cases. I was very glad that my colleagues Javier Ochoa and Claudia Madrid volunteered to found Cartas Blogatorias, which brings you articles from throughout Latin America. Now Fanny……
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Case of the Day: SPM Thermo-Shield v. SICC GmbH
The case of the day is SPM Thermo-Shield, Inc. v. SICC GmbH (M.D. Fla. 2016). The facts of the case were not reported. SPM tried to effect service on SICC, a German firm, and one of its principals, Waldemar Walczok, by personal service on Walczok when he was in Florida. A judge quashed that service……
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Case of the Day: Mutual Benefits Offshore Fund v. Zeltser
The case of the day is Mutual Benefits Offshore Fund v. Zeltser (N.Y. App. Div. 2016). Eagle-eyed reader Ira Matetsky of Ganfer & Shore in New York sent it along. The facts of the case were not reported. The holding: the First Department of the Appellate Division, which hears cases from Manhattan, reversed its earlier……