Archives

Case of the Day: Carney v. Beracha

The case of the day is Carney v. Beracha (D. Conn. 2014). Carney was the court-appointed receiver for Highview Point Partners, LLC. The court had appointed him as receiver in connection with an enforcement action by the Securities and Exchange Commission against Francisco Illarramendi for alleged violation of the federal securities laws. Carney, once appointed, filed actions against Moris Beracha and Bradleyville, Ltd., among others, to recover property for the purpose of distributing it to the victims of the fraud Illarramendi is alleged to have committed.
Continue reading Case of the Day: Carney v. Beracha

Case of the Day: Kudu Co. v. Latimer

The case of the day is Kudu Co. v. Latimer (E.D. Tex. 2011). Kudu sued for confirmation of a Thai arbitral award against Latimer. Latimer first moved to dismiss on the grounds that he had not been served with process. The dispute centered on whether Latimer actually resided at the Texas address where he was served with process. The court denied the motion to dismiss, apparently concluding that the address where service was made was Latimer’s “dwelling or usual place of abode,” see Fed. R. Civ. P. 4(e)(2)(B). But when Latimer later moved to dismiss on the grounds that the court could not exercise personal jurisdiction, the magistrate judge concluded that Latimer was a resident of Thailand and recommended granting the motion. This is somewhat curious, for obvious reasons. The magistrate judge sought to square the circle by suggesting that on the evidence before him when he ruled on the first motion. Maybe this is so, but it’s not clear why Latimer wouldn’t have put before the court the evidence regarding his residence when he moved to dismiss on the basis of insufficient service of process.