Letters Blogatory

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

Posts tagged “Chile”

Case of the Day: EGI-VSR v. Coderch

Posted on July 8, 2020

The case of the day is EGI-VSR, LLC v. Coderch (11th Cir. 2020). EGI and Juan Carlos Celestino Coderch Mitjans were parties to an arbitration in Chile that resulted in an award granting specific performance of a stock purchase agreement to EGI, which had sought to sell its shares in a Chilean wine company, Viña San Rafael S.A., to Coderch, one of the controlling shareholders. EGI sought recognition and enforcement of the award in Miami. Coderch moved to dismiss on the grounds of insufficient service of process and on the grounds that an award of specific performance could not be confirmed under the Panama Convention. (There were other arguments, too, which I’ll ignore). The court denied the motion and confirmed the award, and on…

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Case of the Day: Calderon v. Experian Information Solutions

Posted on April 4, 2013

The case of the day is Calderon v. Experian Information Solutions, Inc. (D. Idaho 2012). Jose Luis Calderon sued Experian for violations of the Fair Credit Reporting Act. He sought to take the depositions of three employees of Experian Services Chile, S.A., Experian’s “sister corporation,” located in Santiago. The witnesses were people who had “processed several of the numerous requests that [Calderon] had made to Experian to have incorrect information removed from his credit report.” Experian argued that Calderon could not take the depositions under the Federal Rules of Civil Procedure but instead had to proceed by letter rogatory (Chile is not a party to the Hague Evidence Convention). “This would mean,” the judge noted gravely, “that a Chilean judicial officer, rather than Plaintiff’s…

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Case of the Day: Hughes v. Ashton

Posted on September 14, 2011

The case of the day Hughes v. Ashton (Cal. Ct. App. 2011), a case on service of process in Chile, is clear and well-reasoned. Three cheers for Judge Reardon! Hughes and Ashton had a dispute over real property in California that they had jointly owned. Hughes wrote a letter concerning the dispute to Ashton at Ashton’s address in Chile, and she received a response from Ashton’s lawyer, Diaz. When the parties could not settle the dispute, Hughes sued. She served process by mailing the summons and complaint to Ashton’s address in Chile via registered mail, and she obtained a signed mailing receipt. When Ashton did not appear, Hughes sought and obtained a default judgment. Years later, Ashton sought to set aside the judgment. The…

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