Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Austria

Case of the Day: Germaninvestments AG v. Allomet Corp.

Posted on June 10, 2019

The case of the day is Germaninvestments AG v. Allomet Corp. (Del. Ch. 2019). Allomet is a Delaware corporation in the business of manufacturing metal powders for coating industrial products. Fobio Enterprises, Ltd., a Hong Kong company, owned the majority of Allomet’s shares. In 2016, it became the sole owner by purchasing shares from the Estate of Richard Toth. Fobio’s beneficial owner was Hannjörg Hereth, a Swiss national. Allomet was facing financial difficulties. In 2017, it had a debt of more than $40 million to Fobio and more than $20 million in net operating loss carryforwards. Hereth met with Richard Herrling, a German national residing in Switzerland, about the possibility of forming a joint venture to raise capital for Allomet. (Germaninvestments, one of the…

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Case of the Day: Freedom Watch v. OPEC

Posted on May 27, 2016

Today’s case of the day, Freedom Watch v. OPEC (D.C. Cir. 2016), is, most likely, the last installment in this long-running service of process dispute. I have covered the case several times before. Here once again is my description of the facts: Freedom Watch, a right-wing organization that accuses the “Obama-Clinton regime” of “using the economic crisis as an excuse to turn our nation into a socialist Euro-style welfare state,” sued OPEC on antitrust theories. I am going to go out on a limb here and guess that its claims lacked merit. OPEC moved to dismiss for insufficient service of process. According to OPEC’s motion to dismiss, “Plaintiff’s counsel, Mr. Larry Klayman, personally handed an envelope containing a summons, the complaint and other documents,…

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Case of the Day: Pinnacle Packaging Co. v. Constantia Flexibles GmbH

Posted on December 22, 2015

The case of the day is Pinnacle Packaging Co. v. Constantia Flexibles GmbH (N.D. Okla. 2015). Pinnacle and the other plaintiffs served a notice for the deposition of Thomas Unger, the CEO of Constantia, and for the depositions of corporate representatives of Constantia and One Equity Partners. Unger resides in Germany. Constantia’s offices are in Austria, and One Equity’s officers are in Germany. The depositions were to take place in New York. The defendants moved for a protective order, arguing that the depositions should take place in Germany and Austria rather than in New York.

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