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Loriot v. Wikipedia: Transatlantic Service and Injunctive Relief
International Judicial Assistance Brigade member Peter Bert is back with a report on a recent service of process case from Germany. The case appears rightly decided: assuming that Loriot’s daughter was required to serve the injunction by a method permitted by the Hague Service Convention, service by postal channels was plainly sufficient in light of……
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Case of the Day: Oak Point Partners v. Lessing
The case of the day is Oak Point Partners v. Lessing (N.D. Cal. 2012). The claim was that EXDS, a US company, had loaned $23 million to Exodus GmbH, its German subsidiary. EXDS went into Chapter 11 bankruptcy proceedings, and Oak Point Partners, Inc., the plaintiff, bought all of its assets, including its rights against……
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Judicial Review under the Hague Service Convention in Germany
IJA Brigade correspondent Peter Bert returns today with a post on the procedure under which a German defendant can challenge service of process under the Hague Service Convention in the German courts after service has been made. I had asked Peter a question about this in another context, and he was good enough to expand……
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The Hague Service Convention, Default Judgments, and Deemed Service under German Law
IJA Brigade member Peter Bert has a very interesting post today on the Hague Service Convention under German law. In a series of new cases, the Bundesgerichtshof has held that only the initial document, not later documents, must be served in accordance with the Convention. This view is in accord with the the view of……
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Case of the Day: Markin v. Grohmann
The case of the day is Markin v. Grohmann (Idaho 2012). In 1997, Thomas Grohmann sued Ron Markin on a promissory note Markin had given Grohmann in 1988 connection with a half-million dollar business loan. The suit was in the Central District of California. The parties settled the suit, and their settlement agreement provided that……