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Case of the Day: Asarco v. Xstrata
The case of the day is Asarco LLC v. Xstrata plc (D. Utah 2013). The claim was for contribution under CERCLA. According to Xstrata’s characterization of the return of service, which for unclear reasons is not publicly available via PACER: [t]he documents were served by posting them through the defendant company’s letterbox at the registered……
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On the Application of the Hague Service Convention in Greece
Today Letters Blogatory welcomes the first contribution from new IJA Brigade member Apostolos Anthimos, a Thessaloniki lawyer and a member of the LLM visiting faculty at the International Hellenic University. Welcome, Apostolos! His maiden post covers two recent Greek cases on the Hague Service Convention. The Hague Service Convention was ratified by the Hellenic Republic……
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Case of the Day: In re Carthage Trust
The case of the day is In re Carthage Trust (C.D. Cal. 2013). I love this case (even though the judge got it wrong)! The plaintiff was Schuyler Moore. Two of the defendants were Grasselle S.A., a British Virgin Islands company, and Philip Egglishaw, a British national residing in Switzerland. Moore sued them and others……
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German Federal Constitutional Court: Risk of Punitive Damages No Reason to Prevent Service of U.S. Action
IJA Brigade member Peter Bert reviews a new case from the German Constitutional Court on service of process under the Hague Service Convention when the underlying US litigation involves a claim for punitive damages. In a ruling in January 2013, the Federal Constitutional Court (Bundesverfassungsgericht) confirmed its approach to service of US actions in Germany……
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Case of the Day: Morningstar v. Dejun
The case of the day is Morningstar v. Dejum (C.D. Cal. 2013). Morningstar is yet another case involving, according to the complaint, a “reverse takeover” maneuver in which a Chinese company enters the US market by merging into a publicly traded US shell corporation. The plaintiffs sought to serve Qiu Jianping and Zou Dejun, Chinese……