Tag Archives: Hague Evidence Convention

Case of the Day: Judicial Authority of Ohio v. Mann

Jerusalem Magistrate Court building
The Magistrate Court building in Jerusalem. Credit: Yagasi

The case of the day is Judicial Authority of Ohio v. Mann (Jerusalem Magistrate Court 2016). I don’t have the text of the opinion, unfortunately, but I got a pointer to the case from Eric Sherby’s Globalit blog. The case involved a letter of request under the Hague Evidence Convention seeking discovery in aid of execution of an Ohio judgment. The exact procedural posture of the case in Ohio is unclear from Eric’s report. In any case, the Jerusalem Magistrate Court refused to execute the letter of request on the grounds that Article 1 of the Convention provides: “The expression ‘other judicial act’ does not cover the service of judicial documents or the issuance of any process by which judgments or orders are executed or enforced, or orders for provisional or protective measures.”
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Case of the Day: Topsnik v. United States

Internal Revenue Service sign
Don’t mess with the IRS. Credit: Joshua Doubek

The case of the day is Topsnik v. United States (Fed. Cl. 2016). Gerd Topsnik was “a German resident who formerly had business interests in the United States.” He brought claims for damages, asserting that the government had wrongfully levied taxes on him. (In fact, his claims should have been brought as claims for a refund of taxes, for jurisdictional reasons that the judge explained but that I won’t go into here). The root of the claim was that the statute of limitations barred the government from collecting the taxes.
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