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Case of the Day: CFTC v. Rubio
The case of the day is Commodity Futures Trading Commission v. Rubio (S.D. Fla. 2012). The CFTC sued Jose S. Rubio, alleging that he had misused investor funds to pay his personal debts and expenses. The CFTC attempted service at Rubio’s last known addresses, but it was unsuccessful. Rubio had been questioned under oath during……
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Email and the Hague Service Convention Revisited
On a bunch of occasions I’ve expressed my view that service by email is impermissible under the Hague Service Convention. By this I mean that you can’t serve process via email if (1) the defendant is in a Hague Service Convention state; (2) the defendant’s address is known (such that the Convention applies); and (3)……
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Case of the Day: Baker Hughes Inc. v. Homa
The case of the day is Baker Hughes Inc. v. Homa (S.D. Tex. 2012). Baker Hughes was an oil-field service company doing business in Texas. It was the developer of “CoreBright,” a fiber used in fiber-optic sensing. Daniel Homa and Robert Harman were Baker Hughes employees. Both had signed non-disclosure and non-solicitation agreements. In 2010,……
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Case of the Day: Johnson v. Mitchell
The case of the day is Johnson v. Mitchell (E.D. Cal. 2012). The facts of the case are not terribly important. Suffice it to say that Johnson sought to serve a summons on two Panamanian nationals, Berrocal and Arosemena, in Panama. Johnson’s first efforts were inauspicious. He tried to serve Berrocal and Arosemena by mail……
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Case of the Day: Facebook v. Banana Ads
No, today’s case of the day does not involve the Winklevi. Instead, it involves one of the most annoying bad practices on the Internet: typosquatting. I fall victim to it almost every day when I point my browser at nytiems.com or hufingtonpost.com. Some kinds of typosquatting are worse than others. Some involve pointless ads that……