Letters Blogatory

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

Posts tagged “default judgment

Case of the Day: Davis v. Zhou Liang

Posted on November 26, 2018

The case of the day is Davis v. Zhou Liang (W.D. Wash. 2018). Michael Davis was a passenger on a bus in Washington and was injured in an accident in which Zhou Liang, a resident of China, allegedly was at fault. According to an earlier order, Davis first sued Liang in the state court, and Liang defended the case through counsel, seeking dismissal on grounds of insufficient service of process. Davis had tried to serve process via the Chinese central authority, but it had rejected his requests “due to being ‘incomplete in one way or another.’” Davis then voluntarily dismissed the action and brought a second action in the federal court. Davis send a request for waiver of service to Liang’s US counsel, but…

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Case of the Day: Subotich v. Travelers Property Casualty Co.

Posted on July 13, 2017

The case of the day is Subotich v. Travelers Property Casualty Co. of America (E.D. Wis. 2017). Michael and Jennifer Subotich sued Matt Palazsynski, who was in China. They attempted service via the Central Authority, and when they received no response for a year, they moved for entry of a default judgment. Palazsynski submitted a notice from the People’s Court of Liuyang, which would have been responsible for effecting service, stating that it had never received the papers and had not served them. The court nevertheless granted the motion for default judgment.

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