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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……
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Digest for March 2, 2011
Hammond v. Hammond (N.C. Ct. App. 2011). Affirming denial of motion to dismiss for insufficient service of process where the plaintiff effected service in Japan via the Japanese central authority and where a certificate from the authority indicated that service had been effected.
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Disgest for February 18, 2011
Sunseeker International Ltd v. Devers, 50 So.3d 715 (Fla. App. 4th Dist. Dec. 15, 2010). English boat manufacturer sought review of denial of its motion to quash service of Florida complaint based on failure to comply with Hague Convention and Florida statute regarding service of foreign corporation. The company had at one time been registered to……