-
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……
-
Case of the Day: Intercontinental Industries Corp. v. Luo
Our case of the day is Intercontinental Indus. Corp. v. Luo, Civ. A. No. 10-4174 (C.D. Cal. Jan. 20, 2011). Intercontinental sued Luo, the Communist Party Secretary of Hubei Province and owner of Wushan State Owned Industrial Holding Co., for fraud and violations of the RICO Act. The claim was that Luo induced Intercontinental to……
-
From the Blogatory Meteorology Desk
I’m putting together a Hague Service Convention application for Bermuda today for a pending case in the D. Mass. And it was 5F / -15C while I waited for my train in Boston this morning. Which leads to my modest proposal for a new requirement under the Convention: when the temperature in the sending state……
-
Case of the Day: Girafa.com, Inc. v. Smartdevil, Inc.
The case of the day is Girafa.com, Inc. v. Smartdevil, Inc., 728 F.Supp.2d 537 (D.Del. 2010). Girafa.com, the assignee of U.S. Patent No. 6,864,904, sued Smartdevil, a Québec company, and several others for patent infringement. A bailiff personally served the summons and complaint on Smartdevil’s president, Stephane Lim. (There was some dispute whether the documents were delivered……
-
Digest: January 16, 2011
Gannon Int’l, Ltd. v. Blocker, Civ. A. No. 10-835 (E.D. Mo. Jan. 13, 2011). The court approved service of a summons and complaint by personal delivery to a U.S. citizen defendant in Vietnam (not a party to the Hague Service Convention) under Fed. R. Civ. P. 4(f)(2)(C)(i), on the grounds that Vietnam law does not……