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Motions to “Validate” Questionable Service Of Process
In a couple of recent cases of the day (Tuckerbrook v. Banerjee and Davoyan v. Turkey), plaintiffs who had reason to question whether their efforts to effect service of process had been successful asked the court, after the fact but before the defendant had answered, to approve the service. In Tuckerbrook, the plaintiff asked the court to……
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Case of the Day: Tuckerbrook Alternative Investments v. Banerjee
The case of the day, Tuckerbrook Alternative Investments, LP v. Banerjee (D. Mass. 2010), involves an attempt to serve process in India. Tuckerbrook was a registered investment adviser. Banerjee, a resident of India but (according to Tuckerbrook) a US citizen, was a portfolio manager for Tuckerbrook. The parties had a dispute in 2008, which they……
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Case of the Day: Gramercy Insurance Co. v. Kavanagh
Memo to foreign defendants: If you want to avoid service of process by concealing your foreign address from the plaintiff, don’t hire a US lawyer to enter an appearance in the action. The case of the day, Gramercy Insurance Co. v. Kavanagh (N.D. Tex. 2011), is a case in point. Gramercy sued Kennedy and others……
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Case of the Day: Davoyan v. Republic of Turkey
The case of the day, Davoyan v. Republic of Turkey (C.D. Cal. 2011), is a putative class action by Armenians and their heirs who claim that they were “deprived of their citizenship, brutally deported, had their property seized and expropriated by the Turkish government” during the Ottoman period. The claims were for imposition of a……
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Case of the Day: Mitchell v. Volkswagen Group of America
The case of the day, Mitchell v. Volkswagen Group of Am., Inc. (N.D. Ga. 2010), shows the importance of checking the text of reservations to the Hague Conventions in their original language rather than relying on the English translation on the Hague Conference website. The claim was for product liability that resulted in the death……