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Judicial Review under the Hague Service Convention in Germany
IJA Brigade correspondent Peter Bert returns today with a post on the procedure under which a German defendant can challenge service of process under the Hague Service Convention in the German courts after service has been made. I had asked Peter a question about this in another context, and he was good enough to expand……
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Case of the Day: Ritter Disposables v. Protner Nuevas Tecnicas
The case of the day is Ritter Disposables v. Protner Nuevas Tecnicas (E.D. Ark. 2012). Ritter was a Flordia corporation with its principal office in Arkansas. Protner was a Spanish corporation; the other defendant, Javier Masiá, was a Spaniard acting on behalf of Protner. The claim was that Protner and Ritter had a contract under……
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Case of the Day: Lozano v. Bosdet
The case of the day is Lozano v. Bosdet (5th Cir. 2012). Gloria Lozano, a Mississippian, was a passenger in an auto accident. Her car was struck by a truck driven by Julie Bosdet. The truck was owned by Enterprise, the car rental firm, which had leaded it to Jennifer and Glen Parry, the owners……
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Case of the Day: H-D Michigan v. Hellenic Duty Free Shops
The case of the day is H-D Michigan v. Hellenic Duty Free Shops (7th Cir. 2012). We first saw this trademark licensing dispute on September 27, 2011, when the question was whether the judge could extend a temporary restraining order past the ordinarily permitted time in order to allow the plaintiff, H-D Michigan LLC, a……
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The Hague Service Convention, Default Judgments, and Deemed Service under German Law
IJA Brigade member Peter Bert has a very interesting post today on the Hague Service Convention under German law. In a series of new cases, the Bundesgerichtshof has held that only the initial document, not later documents, must be served in accordance with the Convention. This view is in accord with the the view of……