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Case of the Day: Derr v. Swarek
The case of the day is Derr v. Swarek (S.D. Miss. 2013). Hermann P. Derr was the owner of Derr Plantation, Inc., a Mississippi corporation. The claim was that in 2005, Derr Plantation had made a contract with Thomas L. Swarek and Thomas A. Swarek for the lease and purchase of a farm Derr Plantation……
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Case of the Day: Beckely v. Raith
The case of the day is Beckely v. Raith (N.D. Cal. 2013). Matthew Beckely, also known as Dylan Matthews and “D-Matt”, was suing Reinhard Raith, also known as “Crazy Frog” and “Voodoo & Serano,” among others, for breach of contract and copyright infringement. The defendants were in Germany. The twist in the case was that……
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Case of the Day: Lexmark International v. Ink Technologies Printer Supplies
The case of the day is Lexmark International, Inc. v. Ink Technologies Printer Supplies, LLC (S.D. Ohio 2013). The plaintiff sought leave to serve defendants in China and Germany via email. The judge noted that both China and Germany are parties to the Hague Service Convention. The judge granted the motion. He did not analyze……
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Deposing Third Party Witnesses in Germany: The Same, but Different
Peter Bert follows up on his post from last week about the practice under the Hague Evidence Convention in Germany. For American lawyers, it’s obviously important to understand what will happen once your letter of request makes its way to Germany. But it’s also important to bear in mind how the US court will treat……
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Pre-Trial Discovery under the Hague Evidence Convention: Is Germany’s Position Softening?
Peter Bert is back with a report of an interesting development—or hint of a development—in how the German courts think about requests for the production of documents. This is cross-posted at Peter’s blog. A recent Frankfurt case raises this issue: Germany has declared “that it will not execute Letters of Request issued for the purpose……