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New Paper on SSRN: Gurung v. Malhotra Is Wrongly Decided
Long-time readers will know that Gurung v. Malhotra, 279 F.R.D. 215 (S.D.N.Y. 2011), the 2011 decision on service of process by email, is my white whale. I have watched with dismay as a handful of new cases have cited Gurung in support of the erroneous position that service by e-mail is permissible in cases where……
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Case of the Day: Bravetti v. Liu
The case of the day is Bravetti v. Liu (D.N.J. 2013). The case was a shareholder derivative action brought by David Bravetti, a shareholder of American Oriental Bioengineering, Inc., against Tony Liu, Yanchun Li, Binsheng Li, Jun Min, Lawrence Wizel, Cosimo Patti, Xianmin Wang, Baiquing Zhang, Eileen Brody, who were officers or directors of the……
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Case of the Day: Armadillo Distribution v. Hai Yun Musical Instruments
The case of the day is Armadillo Distribution Enterprises, Inc. v. Hai Yun Musical Instruments Manufacture Co. (M.D. Fla. 2013). The claim was that Hai Yun had sold Armadillo defective musical instruments. Armadillo sought to serve process on Hai Yun, a Chinese firm, via the Chinese central authority. The central authority returned a certificate under……
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Case of the Day: Braverman Kaskey v. Toidze
The case of the day is Braverman Kaskey P.C. v. Toidze (E.D. Pa. 2013). Braverman Kaskey, the law firm that represented Maya Toidze in Cook v. Toidze, the case of the day from July 1, 2013, sued her, asserting that she had failed to pay legal fees. When the firm still represented Toidze, she resided……
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Case of the Day: Moskovitz v. La Suisse
The case of the day is Moskovitz v. La Suisse (S.D.N.Y. 2013). The main claim was brought by holders of marriage insurance policies against their insurer, La Suisse, or Swiss Life. Swiss Life in turn brought third party claims against Moses Kraus, who lived in London, and Caruso AG, a Liechtenstein corporation with offices (at……