-
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……
-
Drafting for Service of Process Problems
A typical choice of forum clause does a few things: it designates an exclusive forum in which claims may be brought; and it contains waivers of the defenses of lack of personal jurisdiction, venue, and forum non conveniens. But typically—in my experience, anyway—it does not address the problem of service of process. So if there……
-
New-ish Hague Service Convention Table
A few months ago the Service Section of the Hague Conference published a helpful table showing the position of each state party to the Convention on the applicability of the following provisions of the Convention: Article 8 (freedom of a contracting state to serve process abroad directly through its diplomatic or consular agents) Article 10(a)……
-
Case of the Day: Sbarro, Inc. v. Tukdan Holdings, Ltd.
The case of the day is Sbarro, Inc. v. Tukdan Holdings, Ltd. (N.Y. Sup. Ct. 2011). The underlying facts are not clear from the decision. Sbarro sued Tukdan Holdings, an Israeli firm, and Werner, who lived in Israel. Sbarro effected service in two ways: by registered mail, and by personal service in Israel according to Israeli……
-
Case of the Day: United States v. Distribuidora Batiz CGH, S.A. de C.V.
The Case of the Day is United States v. Distribuidora Batiz CGH, S.A. de C.V. (S.D. Cal. 2011). According to the complaint, Distribuidora Batiz, a Mexican firm, gave a promissory note to First National Bank in San Diego. The note was guaranteed by several members of the Batiz family and other Batiz business entities. The note……