Archives

Case of the Day: Ure v. Oceania Cruises

The case of the day is Ure v. Oceania Cruises, Inc. (S.D. Fla. 2015). Diana Ure was a passenger aboard Oceania’s ship. She fell ill and was treated by one of the defendants, Dr. Fabian Bonilla, an Ecuadoran national. She and her husband sued Bonilla, apparently for medical malpractice, and she served him at his address in Ecuador via mail (sent by the clerk, as FRCP 4(f)(2)(C)(ii) requires). Bonilla moved to dismiss, arguing that Ecuadoran law forbids service by mail.
Continue reading Case of the Day: Ure v. Oceania Cruises

Case of the Day: Altos Hornos de Mexico v. Rock Resource Ltd.

The case of the day is Altos Hornos de Mexico, S.A.B. de C.V. v. Rock Resource Ltd. (S.D.N.Y. 2015). Altos Hornos moved for confirmation of an arbitral award it had obtained against Rock Resources. Altos Hornos sought to serve Rock Resources with process in Hong Kong via the Central Authority, using the address Rock Resource had given in the arbitration. The Central Authority couldn’t make service because Rock Resource’s address had changed. Altos Hornos was able to find the new address. Estimating that it would take four to six months to make a second attempt, Altos Hornos sought leave to serve process by alternate means under FRCP 4(f)(3), namely by postal channels and by email.
Continue reading Case of the Day: Altos Hornos de Mexico v. Rock Resource Ltd.

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