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Case of the Day: Lake Road Trust Ltd. v. ABB Powertech
The case of the day, Lake Road Trust, Ltd. v. ABB Powertech (Pty) Ltd. (Conn. Super. Ct. 2011), involves a challenge to service of process under the Hague Service Convention in Sweden. Lake Road owned and operated a power plant in Connecticut. Naphthenics, a Swedish firm, supplied insulating oil for the transformers used in the……
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Case of the Day: Harris v. NGK North American, Inc.
Revised, with a discussion of the implications of the Volkswagen case. The case of the day, Harris v. NGK North Am., Inc. (Pa. Super. Ct. 2011), is one of a series of cases that has taken a position, one way or the other, on whether Article 10(a) of the Hague Service Convention permits service by……
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Case of the Day: Johannes Baumgartner Wirtschafts-und-Vermögensberatung GmbH v. Salzman
The case of the day rejoices in the name Johannes Baumgartner Wirtschafts-und-Vermögensberatung GmbH v. Salzman (E.D.N.Y. 2011). The plaintiffs sued Ambiente GmbH, a German firm, and Peter Schmidt, Muhsin Karakurt, and Mehmed Kocabas, all of whom resided in Germany. The claim was for violations of RICO, securities fraud, conversion–you name it. The case of the……
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Digest for March 14, 2011
Liberty Media Holdings, LLC v. Vinigay.com (D. Ariz. 2011). Where defendants were located in Brazil (a party to the Inter-American Convention but not the Hague Service Convention), and where the plaintiffs had an email address but not a physical address for the defendants, the court authorized service of process by email pursuant to Rule 4(f)(3).……
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Case of the Day: Baldiga v. Joint Stock Co. (In re Cyphermint, Inc.)
The case of the day, Baldiga v. Joint Stock Co. (In re Cyphermint, Inc.) (Bankr. D. Mass. 2011), is from my home base in Boston. It involves the difficulties in serving process in Russia under the Hague Service Convention. The case was a preference avoidance action by the Chapter 7 Trustee against the St. Petersburg……