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Case of the Day: National Asset Loan Management v. McCann

The case of the day is National Asset Loan Management, Ltd. v. McCann (Pa. Super. Ct. 2015). NALM sued John McCann in the Irish High Court. McCann resided in Northern Ireland, so NALM sought to serve him with process via the Northern Ireland courts. When that failed, he obtained an order from the Irish courts for substituted service on McCann’s solicitors in Ireland. After NALM effected the substituted service, McCann appeared in the Irish action and moved to set aside the order for substituted service. The court denied the motion, and McCann then defaulted. The High Court entered a default judgment. McCann moved to set the default judgment aside, but the High Court denied the motion; McCann’s appeal in Ireland is still pending. NALM then sought recognition of the judgment in the Court of Common Pleas in Philadelphia. The court recognized the judgment, and McCann appealed, arguing that the judgment should not have been recognized because the Irish court had lacked personal jurisdiction over him. (There were some other issues, too, which I am not going to cover).
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Case of the Day: Commissions Import Export v. Republic of the Congo

The case of the day is Commissions Import Export, S.A. v. Republic of the Congo (D.D.C. 2015). I’ve written about this case twice before, once in the D.D.C. and once in the D.C. Circuit. In the previous case, the question was: when a party to a foreign arbitration has obtained a judgment confirming the award from a foreign court and then seeks recognition and enforcement of the foreign judgment rather than of the award in a US court, does the statute of limitations in § 207 of the FAA preempts any longer statute of limitations available under state law governing the recognition and enforcement of foreign judgments? The D.C. Circuit said no, and so the case was back in the district court on remand to consider the merits of Commisimpex’s claim for recognition and enforcement of the foreign judgment.
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Case of the Day: Landauer Ltd. v. Joe Monani Fish Co.

The case of the day is Landauer Ltd. v. Joe Monani Fish Co. (N.Y. 2014). This is the appeal of the case of the day from January 9, 2013. The trial court had dismissed an action for recognition and enforcement of an English judgment on personal jurisdiction grounds, and the Appellate Division (New York’s intermediate court) affirmed. In today’s appeal, the Court of Appeals (New York’s highest court) reversed.
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