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Case of the Day: Gurung v. Malhotra
The case of the day, Gurung v. Malhotra (S.D.N.Y. 2011), involves unsavory allegations of mistreatment of a domestic laborer by a foreign official. Shanti Gurung sued Neena Malhotra, the Counselor of Press, Culture, Information and Community Affairs at India’s consulate general in New York, and her husband, Joseph Malhotra. The claim was that the Malhotras……
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New Paper on SSRN: Gurung v. Malhotra Is Wrongly Decided
Long-time readers will know that Gurung v. Malhotra, 279 F.R.D. 215 (S.D.N.Y. 2011), the 2011 decision on service of process by email, is my white whale. I have watched with dismay as a handful of new cases have cited Gurung in support of the erroneous position that service by e-mail is permissible in cases where……
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Case of the Day: Lexmark International v. Ink Technologies Printer Supplies
The case of the day is Lexmark International, Inc. v. Ink Technologies Printer Supplies, LLC (S.D. Ohio 2013). The plaintiff sought leave to serve defendants in China and Germany via email. The judge noted that both China and Germany are parties to the Hague Service Convention. The judge granted the motion. He did not analyze……
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Missouri v. China: a Letters Blogatory (Informal) Amicus
Iwrote almost a year ago about Missouri v. China, which I called the “unmeritorious case of the day.” This is the case brought by the state of Missouri against the Chinese government, the Chinese Communist Party, the Wuhan Institute of Virology, and the Chinese Academy of Sciences, alleging that the COVID-19 pandemic is “the direct result……
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Capable of Repetition But Evading Review: The Second Circuit Dismisses Appeal on Email Service
The Second Circuit has dismissed the appeal in the Smart Study case for lack of jurisdiction. I wrote about the district court’s decision back in August 2022. The case was a trademark and copyright infringement case involving “Baby Shark.” You’re welcome. The plaintiff had obtained a preliminary injunction, but when it moved for a default……