Tag: Germany

  • Case of the Day: Tang v. CS Clean Systems AG

    In the case of the day Po-Hi Tang v. CS Clean Systems AG (S.D. Cal. 2011), the plaintiff transmitted a summons and complaint to the German central authority for service.  When trouble arose, the court authorized service of process by alternate means, namely, on a US lawyer who had previously represented the defendant is US……

  • Case of the Day: In re Toft

    Today’s case of the day, In re Toft (Bankr. S.D.N.Y. 2011),  involves attempts by the creditors of Dr. Jürgen Toft, a celebrity knee surgeon in Munich, to obtain recognition and enforcement of a “Mail Interception Order” granted by a German insolvency court, which would, in effect, give the administrator of Toft’s bankruptcy estate in Germany……

  • Case of the Day: Mitchell v. Volkswagen Group of America

    The case of the day, Mitchell v. Volkswagen Group of Am., Inc. (N.D. Ga. 2010), shows the importance of checking the text of reservations to the Hague Conventions in their original language rather than relying on the English translation on the Hague Conference website. The claim was for product liability that resulted in the death……

  • Case of the Day: Peiker Acustic, Inc. v. Kennedy

    I don’t like the plaintiffs’ style in the Case of the Day, Peiker Acustic, Inc. v. Kennedy (D. Colo. 2011). Peiker, a German firm, sued Kennedy in the Circuit Court for Oakland County, Michigan, for defamation. Kennedy did not reside in Michigan, but Peiker had a place of business there. Kennedy removed the case to……

  • Case of the Day: Johannes Baumgartner Wirtschafts-und-Vermögensberatung GmbH v. Salzman

    The case of the day rejoices in the name Johannes Baumgartner Wirtschafts-und-Vermögensberatung GmbH v. Salzman (E.D.N.Y. 2011). The plaintiffs sued Ambiente GmbH, a German firm, and Peter Schmidt, Muhsin Karakurt, and Mehmed Kocabas, all of whom resided in Germany. The claim was for violations of RICO, securities fraud, conversion–you name it. The case of the……