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Case of the Day: SEC v. Cluff
The case of the day is SEC v. Cluff (S.D.N.Y. 2018). The SEC moved for leave under FRCP 4(f)(3) to serve process on James Shaoul by email. Shaoul was in Israel. Israel is a party to the Hague Service Convention and has not objected to service by postal channels under Article 10(a).
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Case of the Day: Jackson Laboratory v. Nanjing University
The case of the day is Jackson Laboratory v. Nanjing University (D. Me. 2018). The Lab had sold mice to the University with limitations on how they could be used. The contract called for arbitration of disputes in Maine (maybe not the best provision for the Lab, but I digress). The Lab alleged that the……
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Case of the Day: Noco Co. v. Shenzen Dika Na’Er E-Commerce Co.
The case of the day is Noco Co. v. Shenzen Dika Na’Er E-Commerce Co. (N.D. Ohio 2017). Noco sued Shenzen Dika, a Chinese company, for patent infringement. The claim was that the defendant was selling infirnging products on Amazon. Noco “attempted to ascertain a physical address, email address or other contact information by searching Defendants……
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Case of the Day: Reyes v. Al-Malki
The case of the day is Reyes v. Al-Malki, [2017] UKSC 61. The case is in the “diplomat allegedly abuses a domestic servant and then claims immunity from suit” genre. The infamous Gurung v. Malhotra is in that genre, as is the Khobragade case from 2013. The cases I’ve seen don’t seem to get much……
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Case of the Day: FKA Distributing v. Yisi Technology
The case of the day is FKA Distributing Co. v. Yisi Technology Co. (E.D. Mich. 2017). FKA sued Yisi, a Chinese firm. FKA first simply emailed the summons to Yisi, but after Yisi failed to respond, it made a request for service under the Hague Service Convention. Although only a few months had passed, FKA……