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Case of the Day: Toyo Tire & Rubber v. CIA Wheel Group

The case of the day is Toyo Toy & Rubber Co. v. CIA Wheel Group (C.D. Cal. 2016). Toyo sued Hong Kong Tri–Ace Tire Co. and Jinlin Ma for trade dress infringement, fraud, unfair competition, etc. They sought leave to serve process by email. Both defendants were thought to be in Hong Kong, but Toyo, after some investigation, did not know their address.
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Case of the Day: Universal Group Development v. Yu

The case of the day is Universal Group Development Inc. (Saipan) v. Yu (D.N.M.I. 2015). I believe this is our first case from the Commonwealth of the Northern Mariana Islands. Hafa Adai, Saipan! Just a brief word about the status of the Islands and the court: the Northern Mariana Islands are is an organized unincorporated territory of the United States, like Puerto Rico. The US District Court for the Northern Mariana Islands is not a court established under Article III of the Constitution: it is established under Article IV, § 3, which provides:

The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.

Its judges are appointed by the President (with the advice and consent of the Senate) for a limited term, not for life. This is like the District Court of Guam but contrasts with the US District Court for the District of Puerto Rico, which Congress, by statute, made into a true Article III court with judges with tenure during their good behavior. Appeals from the court generally go to the US Court of Appeals for the Ninth Circuit.

Anyway, here was the case. Continue reading Case of the Day: Universal Group Development v. Yu

Case of the Day: In re Estate of Sucich

Paul Revere
Happy Patriot’s Day! Letters Blogatory wishes all of the runners in today’s marathon good luck.

The case of the day is In re Estate of Sucich (N.Y. Surr. Ct. 2015). Diana Sucich named her nephew, Nicholas Sucich, in her will, and he was therefore entitled to receive service of a citation in the probate case. However, according to the application of the nominated executor, Wolfson, Nicholas was “alleged to be a fugitive from justice and is believed to have resided in Mexico, under an assumed alias [“Nicolas Francisco”], for the past twenty years.” His sister, another named distributee under the will, had email addresses for him that appeared to work. Wolfson sought leave to serve the citation on Nicholas by email.
Continue reading Case of the Day: In re Estate of Sucich