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Case of the Day: Vega v. Hästens Beds
The case of the day is Vega v. Hästens Beds, Inc. (S.D.N.Y. 2022). Vega brought employment discrimination claims against Hästens Ltd. and others. He had trouble serving Hästens at its address in Malta via the central authority mechanism of the Service Convention, and so he moved for leave to serve process on Hästens’ US lawyer.……
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Case of the Day: Seagate Technology v. Goel
The case of the day is Seagate Technology, LLC v. Goel (Cal. App. Ct. 2022). The case is a followup to Rockefeller v. Changzhou Sinotype, 460 P.3d 764 (Cal.), cert. denied, 141 S. Ct. 374 (2020). Rockefeller, you’ll recall, was the case where the California Supreme Court held that parties could contract around a foreign……
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Case of the Day: McCarthy v. Johnson
The case of the day is McCarthy v. Johnson (D.D.C. 2022). The plaintiff had won a $6 million judgment against Michael Heath Johnson, who, she alleged, had bilked her out of millions of dollars in the 1980s, during a particularly vulnerable time for her. The District of Utah had entered judgment by default after Johnson……
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Case of the Day: Smart Study v. Acuteye
The case of the day is Smart Study Co., Ltd. v. Acuteye-US (S.D.N.Y. 2022). It’s too soon to declare victory, but this is yet another case correctly holding that when the Service Convention applies and the state of destination has objected to service by postal channels, service by email is forbidden. The case involved a……
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Case of the Day: Conformis v. Zimmer Biomet Holdings
The case of the day is Conformis, Inc. v. Zimmer Biomet Holdings, Inc. (D. Del. 2022). Conformis sued Medacta International SA, a Swiss company. The case is for patent infringement, though the opinion doesn’t tell us anything about the underlying dispute. Anyway, Medacta International moved to dismiss for insufficient service of process, arguing that while……