The case of the day is Fleischer Studios, Inc. v. AVELA, Inc. (C.D. Cal. 2016). Fleischer and Hearst Holdings, Inc. sued AVELA for trademark infringement in the English High Court. The court issued an “Interim Award” in favor of the plaintiffs. AVELA sought a stay pending appeal, but the Court of Appeal in the UK denied the motion. AVELA’s appeal was stricken when it failed to post security. Fleischer and Hearst then sought recognition and enforcement in California.
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The case of the day is DeJoria v. Maghreb Petroleum Exploration, S.A. (5th Cir. 2015). This is the appeal of the case of the day from September 4, 2014. I won’t repeat the facts from the prior post: the question in the case was whether a Moroccan judgment should be recognized, and in particular whether Morocco provides impartial tribunals and procedures compatible with the requirements of due process of law.
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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).
Continue reading Case of the Day: National Asset Loan Management v. McCann