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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……
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Case of the Day: Wuxi Taihu Tractor Co. v. York Group, Inc.
Our case of the day, Wuxi Taihu Tractor Co. v. York Group, Inc. (S.D. Tex. 2011), is a fairly straightforward application of waiver principles in a Hague Service Convention case. The parties were both manufacturers of coffins. The procedural posture of the case was somewhat complicated, but at bottom, York had sued Wuxi, a Chinese……
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Case of the Day: Myrtle v. Graham
In today’s case of the day, Myrtle v. Graham (E.D. La. 2011), Myrtle and British-American Insurance Group sued Graham and Aon Corp. for libel in the St. Tammany Parish District Court in Louisiana. The claim was that Graham, on behalf of Aon, had sent letters to various third parties falsely stating that Aon would no……
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Service By Mail Revisited
A few Letters Blogatory cases of the day have involved service by mail or by private delivery service. Service by mail is inexpensive; it provides pretty good assurance that the defendant has in fact received the papers served; and states need not permit service by mail if they have an objection to the use of……