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Case of the Day: Sardini Group v. Imperial Pacific
The case of the day is Sardini Group, Inc. v. Imperial Pacific International (CNMI), LLC (D.N.M.I. 2023). I believe this is the first Letters Blogatory case of the day from the Northern Mariana Islands! Sardini sued Imperial Pacific for breach of contract, alleging it had failed to pay for design and engineering services for a……
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China Amends Its Foreign Sovereign Immunity Law
Bill Dodge has an excellent post at the Transnational Litigation Blog explaining China’s new Foreign State Immunity Law, which adopts the restrictive theory of foreign sovereign immunity. The United States and many other countries follow the restrictive theory, but China, until now, had been one of the holdouts for the older absolute theory of foreign……
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Case of the Day: Safavieh International v. Chengdu Junsen Fengrui Tech. Co.
The case of the day is Safavieh International, LLC v. Chengdu Junsen Fengrui Technology Co. (SDNY 2023). Safavieh was a New York rug design company. It alleged that Chengdu Junsen Fengrui, a Chinese rug company, was selling rugs on Amazon that infringed its design copyrights. Safavieh began by serving Amazon with a “takedown notice” under……
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Case of the Day: Kyjen Co. v. Individuals
The case of the day is Kyjen Co. v. Individuals (S.D.N.Y. 2023). The case was a pretty typical “Chinese knockoffs sold on the internet” case. The plaintiff sought a temporary restraining order and moved for leave to serve process by email and “online publication.” The plaintiff didn’t know the defendants’ addresses, but the judge took……
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Second Circuit To Rule On Service By Email In China (Maybe)
The Second Circuit is poised to decide Smart Study Co. v. Acuteye-US, a case in which a district judge correctly held that the Hague Service Convention does not permit service by email in cases where it applies, at least where the state of destination has objected to service by alternate means under Article 10. I……