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The Medellín Treaty: Electronic Transmission of Requests for Service
Usually when we talk about electronic means of service of process we are talking about the service of process itself. But in cases where the Hague Service Convention or the Inter-American Convention applies, there is another question: how does one central authority transmit the documents to be served to another central authority? The Conventions themselves……
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Case of the Day: Brown v. Tamas
The case of the day is Brown v. Tamas (Cal. Ct. App. 2019). Here is how the decision begins: The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters sets the rules for service of judicial documents in foreign countries. When the Probate Code requires delivery of notice, as……
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Case of the Day: Finjan v. Zscaler
The case of the day is Finjan, Inc. v. Zscaler, Inc. (N.D. Cal. 2019). It’s from early in 2019, but I missed it when it was issued. The case was a patent dispute. Finjan, a computer security company, sought the production of emails from Tim Warner, a British citizen living in the UK. The emails……
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Peter Bert on Damages for Violations of Choice of Court Agreements in Germany
Friend of Letters Blogatory Peter Bert brings us a report of a very recent case from the Bundesgerichtshof on the question of damages for violations of a choice of court agreement. Peter has cross-posted this on his blog, Dispute Resolution in Germany. In a judgment last week, the Federal Supreme Court (Bundesgerichtshof) has found a……
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Case of the Day: Vischer AG v. Apollo Enterprise Solutions
The case of the day is Vischer AG v. Apollo Enterprise Solutions, Inc. (Cal. Ct. App. 2019). Vischler, a Swiss firm, had obtained a judgment for $160,000 for breach of contract against Apollo in the Commercial Court in Zurich. Vischer sought recognition in California and asserted that the Swiss judgment entitled it to damages in……