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Case of the Day: Barnett v. Miguel
The case of the day, Barnett v. Miguel (D. Idaho 2011), is another example of the trouble US plaintiffs can have in attempting service of process in Mexico. The plaintiffs, Jerry Ray and Barnett and Richard Getty, sued three Mexican defendants, Alfredo Miguel, Pepe Miguel, and Alfredo Miguel Jr., alleging racketeering under Idaho law. The……
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Case of the Day: TracFone Wireless v. Doe
The case of the day TracFone Wireless, Inc. v. Doe (S.D. Fla. 2011), is 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. First, a summary of the case. Tracfone filed a John Doe complaint against unknown defendants……
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Case of the Day: Bleier v. Bundesrepublik Deutschland
The case of the day is Bleier v. Bundesrepublik Deutschland (N.D. Ill. 2011). The case is a putative class action. The plaintiffs claim that they are the holders of pre-WWII German bonds, on which Germany ceased making repayments in 1933. The substantive point in the case was whether the court had subject-matter jurisdiction in light……
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More on Preliminary Relief Before Service Of Process
In recent posts on 3M Co. v. Christian Investments LLC and H-D Michigan, LLC v. Hellenic Duty-Free Shops, S.A., I opined that given that courts have jurisdiction to enter temporary restraining orders binding foreign defendants before service of process, they should also have jurisdiction to enter preliminary injunctions before service of process, as long as……
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Case of the Day: H-D Michigan, LLC v. Hellenic Duty Free Shops S.A.
The case of the day is H-D Michigan, LLC v. Hellenic Duty Free Shops S.A. (E.D. Wis. 2011). HD-Michigan and Harley-Davidson Motor Co. sued Hellenic for breach of a trademark licensing agreement. The court issued a temporary restraining order effective for fourteen days, which enjoined Hellenic from using Harley-Davidson’s trademarks. In the case of the……