Archives

Case of the Day: SA Luxury Expeditions v. Latin America for Less

The case of the day is SA Luxury Expeditions, LLC v. Latin America for Less, LLC (N.D. Cal. 2015). SA Luxury Expeditions was a travel agency focusing on Latin America. It sued Bernard Schleien, a resident of Peru and a competitor, on a claim of unfair competition and computer fraud and abuse. SA sought to serve process by way of a letter rogatory under the Inter-American Convention (Peru is a party to the IAC but not the Hague Service Convention). However, SA was unable to get a status update from the Peruvian central authority, and so it sought leave to make service by alternate means under FRCP 4(f)(3).
Continue reading Case of the Day: SA Luxury Expeditions v. Latin America for Less

Case of the Day: ISPEC, Inc. v. Tex R.L. Industrial, Inc.

The case of the day is ISPEC, Inc. v. Tex R.L. Industrial, Inc. (D.N.J. 2014). ISPEC served process on Tex R.L. in Taiwan by Fedex, by email to its US counsel, and by a local process server, who served the summons on an unidentified employee of Tex R.L. in Taipei. On the basis of this service, ISPEC obtained a default judgment, and Tex R.L. moved to vacate.
Continue reading Case of the Day: ISPEC, Inc. v. Tex R.L. Industrial, Inc.

Case of the Day: Indagro v. Nilva

The case of the day is Indagro S.A. v. Nilva (D.N.J. 2014). Indagro had an arbitral award against Viva Chemical Corp. It sued Veniamin Nilva for breach of contract, asserting that he had guaranteed payment of the award, and on a veil-piercing claim, asserting that he was personally liable for the award against Viva.
Continue reading Case of the Day: Indagro v. Nilva