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Case of the Day: Water Splash v. Menon
The case of the day is Water Splash v. Menon (S. Ct. 2017). The Supreme Court, in a unanimous decision, put to rest the circuit split about whether Article 10(a) of the Hague Service Convention permits service of process by mail. Happily, the state and federal courts in the United States are all now on……
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Case of the Day: Amirit Technologies v. HTN Wireless
The case of the day is Amirit Technologies, Inc. v. HTN Wireless, Inc. (D.N.J. 2017). Amirit, a New Jersey telecommunications firm, sued HTN and one of Amirit’s former employees, Syed Muneeb Arshad. Amirit sought to serve process on Arshad in Connecticut unsuccessfully. HTN’s counsel told Amirit that Arshad was living in Pakistan. His address, though,……
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Case of the Day: Development Specialists v. Li
I cannot recommend today’s case of the day, Development Specialists, Inc. v. Li (In re Coudert Bros. LLP) (S.D.N.Y. 2017), highly enough. It’s an excellent piece of work by Judge Kenneth M. Karas, a rare tour de force through FRCP 4 and its interplay with the Service Convention. Coudert Brothers, a New York law firm,……
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Case of the Day: In re Takata
The case of the day is In re Takata (S.D. Fla. 2017). The Takata multi-district litigation is the case involving allegedly defective Takata air bags. One of the defendants was BMW, the German automaker. The plaintiffs sought to serve process via the Hague Service Convention, but the Regional Court in Munich refused to serve the……
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Case of the Day: Phoenix Process Equipment Co. v. Capital Equipment & Trading
The case of the day is Phoenix Process Equipment Co. v. Capital Equipment & Trading Corp. (W.D. Ky. 2017). The decision was on a motion to reconsider the ruling we covered back in February. Here was my statement of the facts: