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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 prescribed by the foreign country’s law for service in that country in an action in its courts of general jurisdiction.” It served the papers by personal delivery to Prestige’s principal place of business. Prestige moved to dismiss for insufficient service of process.
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Case of the Day: GCIU-Employer Retirement Fund v. Coleridge Fine Arts

The case of the day is GCIU-Employer Retirement Fund v. Coleridge Fine Arts (D. Kan. 2015). Coleridge was an Irish corporation. The Fund sought to effect service of process by arranging for an Irish solicitor to serve the documents on the corporation’s receptionist. Coleridge moved to quash the service on the grounds that it did not comply with Irish law.
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Case of the Day: Freedom Watch v. OPEC

The case of the day is Freedom Watch, Inc. v. OPEC (D.C. Cir. 2014). This is the appeal from the case of the day from January 28, 2013. Here is a bit of my description of the case from the prior post:

Freedom Watch, a right-wing organization that accuses the “Obama-Clinton regime” of “using the economic crisis as an excuse to turn our nation into a socialist Euro-style welfare state,” sued OPEC on antitrust theories. I am going to go out on a limb here and guess that its claims lacked merit. OPEC moved to dismiss for insufficient service of process. According to OPEC’s motion to dismiss, “Plaintiff’s counsel, Mr. Larry Klayman, ersonally handed an envelope containing a summons, the complaint and other documents, all in English, to an Austrian police officer (not an employee of OPEC) who was present at the reception desk in the lobby of OPEC’s headquarters in Vienna.” On the other hand, according to the return of service, filed after the motion to dismiss, Courtney Butcher of Beverly Hills, California served the summons at OPEC headquarters on Frederich Luger, “intake officer of OPEC,” who supposedly was designated by law to accept service of process on OPEC.

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