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Case of the Day: RPost Holdings, Inc. v. Kagan
The case of the day, RPost Holdings, Inc. v. Kagan (E.D. Tex. 2012), is yet another example of why you shouldn’t let your lawyer communicate with the plaintiff if you intend to duck service. RPost sued Dmitry Kagan for trademark and patent infringement on account of pointofmail.com, a website it alleged Kagan owned. RPost attempted……
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Case of the Day: In re Marriage of Shults
The case of the day, In re Marriage of Shults (Minn. Ct. App. 2012), is the rare family law case (aside from international child abduction cases) that raises judicial assistance issues. Mr. and Mrs. Shults were married in 1984. In 2006, the family moved from Minnesota to Norway. In 2009, the wife and the couple’s……
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Case of the Day: Tracfone Wireless, Inc. v. Bitton
In October 2011, we considered TracFone Wireless v. Doe (S.D. Fla. 2011), a decision I called “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 October decision authorized service of a subpoena by mail in Canada for……
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Case of the Day: Capozzo v. Mendal
The case of the day is Capozzo v. Mendal, 2011 WL 7029841 (Conn. Super. Ct. Dec. 22, 2011). Capozzo sued Mendal, asserting that Mendal injured her in an automobile collision in New Haven. Mendal resided in the Netherlands, a party to the Hague Service Convention. According to the return of service, a “deputy court bailiff”……
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Case of the Day: Galloway v. Flexstar Technology
The case of the day is Galloway v. Flexstar Technology (D. Colo. 2012). Galloway claimed that while he was an engineer at Seagate Technology, he provided an affidavit for use in a lawsuit against Seagate stating that Seagate had wrongfully failed to disclose evidence of its reliance on another firm’s technology in developing its own……