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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.……
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Second Circuit To Rule On Service By Email In China (Maybe)
The Second Circuit is poised to decide Smart Study Co. v. Acuteye-US, a case in which a district judge correctly held that the Hague Service Convention does not permit service by email in cases where it applies, at least where the state of destination has objected to service by alternate means under Article 10. I……