Tag Archives: Hague Evidence Convention

Case of the Day: Microsoft v. Weidmann Electrical Technology

The case of the day is Microsoft Corp. v. Weidmann Electrical Technology, Inc. (D. Vt. 2016). Weidmann was a Vermont corporation with offices in St. Johnsbury. Its corporate parent was WICOR Holding AG, a Swiss company that, with its subsidiaries, is a multi-national manufacturer of medical equipment. Weidmann had a licensing agreement with Microsoft that allowed it to use multiple copies of Microsoft software and to report the number of copies in use to Microsoft. The number reported would be the basis for the royalties due under the license. The agreement gave Microsoft the right to verify compliance at its own expense using a third-party accountant. Weidmann was required to “promptly provide the accountant with any information it reasonably requests in furtherance of the verification.” Suffice it to say Microsoft wanted to do an audit, which was to take place in Switzerland and was dissatisfied with Weidmann’s cooperation. It sued, seeking specific performance.
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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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