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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: In re O’Keeffe
The case of the day is In re O’Keeffe (2d Cir. 2016). This is another § 1782 case in the Sheldon Adelson libel case against journalist Kate O’Keefee, who wrote that he was “foul-mouthed.” The suit was pending in Hong Kong. O’Keeffe sought leave to serve a subpoena on Adelson’s former driver, Kwame Luangisa, presumably……
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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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Case of the Day: RJR Nabisco v. European Community
I was speaking recently with a Chevronologist who will remain nameless, and we were speculating that perhaps the reason the Second Circuit has delayed so long in announcing its decision in the Chevron v. Donziger case because it was awaiting the Supreme Court’s decision in today’s case of the day, RJR Nabisco v. European Community……
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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……