Tag Archives: Ireland

Case of the Day: Microsoft v. United States

The case of the day is Microsoft Corp. v. United States (2d Cir. 2016). The government issued a subpoena to Microsoft under the Stored Communications Act, 18 U.S.C. §§ 2701 et seq. The subpoena sought the production of data that was stored on servers in Ireland. The holding of the case is that in these circumstances, the government had to proceed by request to the Irish government under the US/Ireland MLAT. A warrant under the SCA has no extraterritorial application.
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Case of the Day: National Asset Loan Management v. McCann

The case of the day is National Asset Loan Management, Ltd. v. McCann (Pa. Super. Ct. 2015). NALM sued John McCann in the Irish High Court. McCann resided in Northern Ireland, so NALM sought to serve him with process via the Northern Ireland courts. When that failed, he obtained an order from the Irish courts for substituted service on McCann’s solicitors in Ireland. After NALM effected the substituted service, McCann appeared in the Irish action and moved to set aside the order for substituted service. The court denied the motion, and McCann then defaulted. The High Court entered a default judgment. McCann moved to set the default judgment aside, but the High Court denied the motion; McCann’s appeal in Ireland is still pending. NALM then sought recognition of the judgment in the Court of Common Pleas in Philadelphia. The court recognized the judgment, and McCann appealed, arguing that the judgment should not have been recognized because the Irish court had lacked personal jurisdiction over him. (There were some other issues, too, which I am not going to cover).
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