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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……
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Case of the Day: Sunflower Bank v. H.P. Construction Ltd.
The case of the day is Sunflower Bank, N.A. v. H.P. Construction Ltd. (D. Kan. 2012). The claim was for conversion of construction equipment. HP defaulted, and Sunflower moved for entry of default judgment. The judge wanted to satisfy himself on proper service of process. He wrote that the return of service showed that the……
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Case of the Day: Facebook v. Banana Ads
No, today’s case of the day does not involve the Winklevi. Instead, it involves one of the most annoying bad practices on the Internet: typosquatting. I fall victim to it almost every day when I point my browser at nytiems.com or hufingtonpost.com. Some kinds of typosquatting are worse than others. Some involve pointless ads that……
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Case of the Day: S&S Machinery Corp. v. Wuhan Heavy Duty Machine Tool Group
The case of the day is S&S Machinery Corp. v. Wuhan Heavy Duty Machine Tool Group Co. (E.D.N.Y. 2012). S&S was a machine tools merchant in New York. Under a 1999 agreement, it was the exclusive agent in North and South America for Wuhan, one of China’s largest machine tool manufacturers. The agreement gave S&S……
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Case of the Day: Holt v. Kormann Rockster Recycler
The case of the day is Holt v. Kormann Rockster Recycler GmbH (Cal. Ct. App. 2012). Holt sued Kormann, an Austrian company, Rockster North America (“RNA”), a Canadian corporation, and Stephane Guerchon, a resident of Montreal. RNA was the North American distributor of Kormann rock crushers in North America, and Guerchon owned RNA. The claim……