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Case of the Day: Schiff v. Hurwitz
The case of the day is Schiff v. Hurwitz (W.D. Pa. 2012). Schiff was a patient of Dr. Hurwitz, who performed the “BodyTite Procedure” on Schiff. Personally, I would not recommend any medical procedure with a purposely misspelled word in the name, but that’s just me. Schiff used a medical device manufactured by Invasix in……
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Case of the Day: Everplay Installation v. Guindon
The case of the day is Everplay Installation, Inc. v. Guindon (10th Cir. 2012). Rolf Huber and Roger J. Guindon had incorporated Everplay in 1993. The articles of incorporation contained an arbitration agreement. After a dispute arose, Everplay and Huber initiated an arbitration against Guindon, which resulted in a 1998 interim award enjoining Guindon from……
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Major Jurisdictional Decisions In Canada
Canadian lawyers are pretty excited about a series of decisions from the Supreme Court of Canada on personal jurisdiction of foreign defendants and forum non conveniens. H/T to esteemed fellow-bloggers Kenneth Dekker of The Litigator and Antonin Pribetic of The Trial Warrior, who have both posted on the cases. I will leave the real commentary……
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Case of the Day: Sunflower Bank v. H.P. Construction Ltd.
The case of the day is Sunflower Bank, N.A. v. H.P. Construction Ltd. (D. Kan. 2012). The claim was for conversion of construction equipment. HP defaulted, and Sunflower moved for entry of default judgment. The judge wanted to satisfy himself on proper service of process. He wrote that the return of service showed that the……
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Case of the Day: Facebook v. Banana Ads
No, today’s case of the day does not involve the Winklevi. Instead, it involves one of the most annoying bad practices on the Internet: typosquatting. I fall victim to it almost every day when I point my browser at nytiems.com or hufingtonpost.com. Some kinds of typosquatting are worse than others. Some involve pointless ads that……