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Case of the Day: Schiff v. Hurwitz
The case of the day is Schiff v. Hurwitz (W.D. Pa. 2012). Schiff was a patient of Dr. Hurwitz, who performed the “BodyTite Procedure” on Schiff. Personally, I would not recommend any medical procedure with a purposely misspelled word in the name, but that’s just me. Schiff used a medical device manufactured by Invasix in……
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Email and the Hague Service Convention Revisited
On a bunch of occasions I’ve expressed my view that service by email is impermissible under the Hague Service Convention. By this I mean that you can’t serve process via email if (1) the defendant is in a Hague Service Convention state; (2) the defendant’s address is known (such that the Convention applies); and (3)……
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Case of the Day: Gundlach v. IBM
The case of the day is Gundlach v. IBM (S.D.N.Y. 2012). Frederick Gundlach sued IBM Japan, Ltd. for breach of contract and violations of the Japanese labor law. He served the summons and complaint by registered mail, which he apparently mailed himself. IBM Japan moved to dismiss for insufficient service of process. The judge denied……
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Case of the Day: Willhite v. Rodriguez-Cera
I have a very interesting Hague Service Convention case to report today: Willhite v. Rodriguez-Cera (Colo. 2012). Rex Willhite sued Paulo Rodriguez-Cera, a driver who he alleged rear-ended his car, in the state court in Colorado. Willhite also sued the owner of the car Rodriguez-Cera was driving, Juan Torres. Willhite could not locate Rodriguez-Cera at……
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The Curse of TracFone
Holy cow! TracFone is back in the Southern District of Florida. The first time we considered a TracFone case, I called the judge’s decision “one of those rare cases that is so wrong that I hope it does not get into the F. Supp.2d, so as to avoid misleading lawyers.” The second time, I wrote……