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Case of the Day: ISPEC, Inc. v. Tex R.L. Industrial, Inc.
The case of the day is ISPEC, Inc. v. Tex R.L. Industrial, Inc. (D.N.J. 2014). ISPEC served process on Tex R.L. in Taiwan by Fedex, by email to its US counsel, and by a local process server, who served the summons on an unidentified employee of Tex R.L. in Taipei. On the basis of this……
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Case of the Day: Calista Enterprises v. Tenza Trading
The case of the day is Calista Enterprises, Ltd. v. Tenza Trading, Ltd. (D. Or. 2014). Calista, a Seychelles company, sued Tenza Trading, a Cyprus company, and Tenza brought a counterclaim against Calista and Alexander Zhukov, who it alleged was Calista’s alter ego. Zhukov resided in the Czech Republic, but he had an address in……
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Case of the Day: Title Trading Services v. Kundu
The case of the day is Title Trading Services USA, Inc. v. Kundu (W.D.N.C. 2014). The claim was for misappropriation of intellectual property. The defendant, Arindam Kundu, who resided in India, moved to dismiss for insufficient service of process, and the plaintiff, Title Trading Services USA, moved for leave to serve Kundu via email and……
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Case of the Day: Midmark v. Jamak Healthcare
The case of the day is Midmark Corp. v. Janak Healthcare Pvt. Ltd. (S.D. Ohio 2014). It’s a very poorly done decision, and it badly mangles FRCP 4(f)(3) and various provisions of the Hague Service Convention. The only redeeming feature of the case is its result: the court denied a motion for leave to serve……
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Case of the Day: Elobied v. Baylock
The case of the day is Elobied v. Baylock (E.D. Pa. 2014). Hashim Elobied sued Trescott Baylock for breach of an oral contract for the purchase and sale of a Bentley Continental GT. Let me just pause to marvel at an oral contract for the purchase of a Bentley. I’m not sure which law applies……