The case of the day is Walton v. Bilinski (E.D. Mo. 2015). The plaintiff, Cody Walton, alleged that he was sexually assaulted by another inmate when he was being held in the Macon County, Missouri jail in pretrial detention. He sued Ryszard Bilinski, a former Macon County deputy sheriff, alleging a constitutional violation because Bilinski, he claimed, “failed to properly secure the inmates in their cells on the night of the assault.” At the time of the suit, Bilinski lived in Alberta, Canada.
Walton sought to server process by delivering the summons and complaint to Bilinski’s wife at their home, by leaving the summons and complaint taped to Bilinski’s door, and by emailing Bilinski’s lawyers the documents. Bilinski moved to dismiss.
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The case of the day is Alberta Securities Commission v. Ryckman (Del. Super. Ct. 2015). In 1996, the Alberta Securities Commission, following a hearing, found that Lawrence G. Ryckman, the chairman and director of Westgroup, had violated Alberta securities laws by participating in a “complex scheme that created a false and misleading appearance of trading designed to deceive investors to trade at artificial prices.” The administrative decision imposed nearly $500,000 in costs. The Commission obtained a judgment in Canada against Ryckman on the basis of the administrative decision.
Ryckman moved from Canada to Arizona in 1997. The Commission obtained an Arizona judgment against Ryckman in an action in an Arizona Superior Court, which was affirmed on appeal. It then sought to enforce the Arizona judgment in Delaware under the Uniform Enforcement of Foreign Judgments Act, the law in force in most states under which states grant full faith and credit to sister-state judgments. It was undisputed that the Commission would not have been able to obtain recognition of the Alberta judgment directly in Delaware, for two reasons. First, the statute of limitations under Delaware law had expired; and second, Delaware law (the UFCMJRA) does not provide for recognition and enforcement of foreign money judgments to the extent the judgment is for a fine or other penalty.
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The case of the day is BBK Tobacco & Foods LLP v. Juicy eJuice (D. Ariz. 2014). The plaintiff, which sold the liquid used to create vapor in electronic cigarettes, owned registered trademarks including JUICY JAYS and JUICY DROPS. It sued 1673030 Alberta, Inc., which, it alleged, sold electronic “smoking devices” and the liquids under the mark JUICY ESTICK, for trademark infringement.
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