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Case of the Day: Ben-Haim v. Edri
The case of the day is Ben-Haim v. Edri (N.J. Super. Ct. App. Div. 2018). Sharon and Oshrat Ben-Haim, two Jewish Israelis, were married in Israel in 2008. Before and after the wedding, they lived in New Jersey. They had a daughter after the marriage, who was born in New Jersey. When the family traveled……
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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: Han v. Financial Supervisory Service
The case of the day is Han v. Financial Supervisory Service (S.D.N.Y. 2018). It’s a very odd case. The plaintiff, Karen Han, brought an action against Financial Supervisory Service, which may or may not be an instrumentality of South Korea. The action sought a judgment declaring that if she serves a subpoena for testimony or……
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Case of the Day: Baylay v. Eithad Airways
The case of the day is Baylay v. Etihad Airways P.J.S.C. (7th Cir. 2018). Martin Baylay, a British national, was a pilot for Etihad, an Abu Dhabi corporation (and, apparently, an instrumentality of the UAE). Baylay alleged that he was assaulted by Saravdeep Mann, another crew member, during a layover in Chicago. Mann was arrested……
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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).