-
News of the Day: Perry v. Duoyuan Printing, Inc.
My colleague Dan Lyne called to my attention Perry v. Duoyuan Printing, Inc., a putative class action in the Southern District of New York alleging securities fraud against a Chinese company whose stock trades in the US and is registered with the SEC. According to the Complaint, Duoyuan Printing made an initial public offering in……
-
Case of the Day: Capital Airline Engine Leasing, LLC v. European Aviation Air Charter, Ltd.
The case of the day is Capital Airline Engine Leasing, LLC v. European Aviation Air Charter, Ltd. (C.D. Ill. 2011). Capital sued European Aviation Air Charter, an English firm, and sought to serve it via the Hague Service Convention. But the summons directed to EAAC was returned unexecuted. Two lawyers entered appearances for EAAC and……
-
Case of the Day: Scheck v. Republic of Argentina
The case of the day is Scheck v. Republic of Argentina (S.D.N.Y. 2011). Scheck had a German judgment against Argentina arising out of Argentina’ default on its German bonds. Scheck sought recognition and enforcement of the judgment in New York. (Why was the case in federal court? Although actions to enforce foreign judgments arise under……
-
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……
-
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……