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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 precedent and held, correctly, that Article 10(a) of the Hague Service Convention permits service of process by mail in the absence of an objection from the state of destination. This decision resolves a split in the Appellate Division cases. So go to it, New York lawyers!
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Case of the Day: Delex, Inc. v. Sukhoi Civil Aircraft Co.

The case of the day is Delex Inc. v. Sukhoi Civil Aircraft Co. (Wash. Ct. App. 2016). Delex’s claim was that it had entered into a three-year lease of office and warehouse space in Seattle from a third party on behalf of Sukhoi, a Russian firm. According to Delex, Sukhoi never paid rent, and Delex surrendered the premises to the landlord within a year, and it sued Sukhoi for breach of contract. It served process by registered mail in Russia and by personal delivery to the head of Sukhoi’s foreign activity legal support department. Sukhoi defaulted, and Delex obtained a default judgment for approximately $327,000. The court issued a writ of execution. The sheriff seized Sukhoi’s property, worth $420,000, which, according to Sukhoi, included “highly sensitive US aircraft technology and components.” Sukhoi then sought relief from the judgment and a stay of the sheriff’s sale. The trial court denied the motions, and Sukhoi appealed.
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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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