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Capable of Repetition But Evading Review: The Second Circuit Dismisses Appeal on Email Service
The Second Circuit has dismissed the appeal in the Smart Study case for lack of jurisdiction. I wrote about the district court’s decision back in August 2022. The case was a trademark and copyright infringement case involving “Baby Shark.” You’re welcome. The plaintiff had obtained a preliminary injunction, but when it moved for a default……
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Case of the Day: SEC v. MCC International
The case of the day is SEC v. MCC International Corp. (S.D. Fla. 2023). The SEC had obtained a preliminary injunction against Luiz Carlos Capuci, Jr. and others in a cryptocurrency fraud case. Capuci opposed the preliminary injunction on the grounds that while he had had notice, he had not been served with process before……
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Case of the Day: Kyjen Co. v. Individuals
The case of the day is Kyjen Co. v. Individuals (S.D.N.Y. 2023). The case was a pretty typical “Chinese knockoffs sold on the internet” case. The plaintiff sought a temporary restraining order and moved for leave to serve process by email and “online publication.” The plaintiff didn’t know the defendants’ addresses, but the judge took……
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Case of the Day: Voltage Pictures v. Gussi
The case of the day is Voltage Pictures, LLC v. Gussi, S.A. de C.V. (C.D. Cal. 2022). Voltage is a film production and distribution company in Los Angeles. Gussi was a Mexican company. The parties had a contract for the distribution of the film “Ava” in Latin America. There was a dispute that resulted in……
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Case of the Day: LS Energia v. Corporation Electrica Nacional
The case of the day is LS Energia Inc. v. Electrica Nacional S.A. (S. D. Fla. 2023). LS Energia, a Florida company, and its Panamanian affiliate brought an action against Venezuela and its state-owned oil and electric companies. The plaintiffs had begun by seeking to serve all three defendants by diplomatic channels under 28 U.S.C.……