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

Posts tagged “Czech Republic

Case of the Day: Harvardsky Prumyslovy Holding v. Kozeny

Posted on May 29, 2014

The case of the day is Harvardsky Prumyslovy Holding A.S. v. Kozeny (N.Y. App. Div. 2014). In the 1990s, when Czech state-owned enterprises were being privatized, citizens were given vouchers to purchase shares in some of the firms. The vouchers could also be assigned to investment privatization funds, which would invest them on the citizen-assignor’s behalf. Viktor Kozeny was criminally prosecuted in the Municipal Court of Prague for engaging in a scheme in which he solicited investment in funds, including Harvardsky Prumyslovy Holding, and then “looted the [funds], diverting the funds of many Czech investors to a series of shell companies in Cyprus.” Kozeny, at the time of the prosecution, was in the Bahamas, and the government there refused to extradite him. He was…

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Case of the Day: St. Philip Catholic Church v. Kubicek

Posted on May 2, 2014

The case of the day is St. Philip Catholic Church v. Kubicek (Cal. Ct. App. 2014). Josef Kubicek borrowed 19 million Czech crowns from three parishioners of St. Philip’s church in 1992, promising to repay them by 1995. When he defaulted, the Church, which had guaranteed the loans, repaid the parishioners and then sued Kubicek in the Czech Republic. The Church was not able to effect service of process on Kubicek. Under Czech law, a legal guardian was therefore appointed to represent Kubicek’s interests, but for some reason she failed to appear in court, and the court proceeded to hear the case in her absence. The court entered a judgment in favor of the Church. Kubicek died in 2009. A probate proceeding regarding his…

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Case of the Day: Callaway v. Kittler

Posted on December 23, 2013

The case of the day is Callaway v. Kittler (M.D. Fla. 2013). Carol Callaway alleged that Martin Kittler, who resided in the Czech Republic, had injured her in an automobile accident in Florida. She sued in the Osceloa County Circuit Court in Florida. She sought to serve process on Kittler by service on the Florida Secretary of State. The relevant Florida statute provides: Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state to nonresident operators and owners, of operating a motor vehicle or of having it operated, or of permitting any motor vehicle owned, or leased, or controlled by him or her to be operated with his or…

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