The case of the day is Bevilacqua v. US Bank, NA (Fla. Dist. Ct. App. 2016). US Bank brought a foreclosure action against a mortgagor, Renato Bevilacqua. The return of service indicated that Bevilacqua was personally served in Miami, Florida. US Bank obtained a default judgment, but Bevilacqua then moved to set aside the judgment, stating that he lived in Italy, had never been served with process, and had had no notice of the action. The court set aside the judgment. The bank then sought to serve process on Bevilacqua via the central authority under the Hague Service Convention.
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Tag Archives: Italy
Case of the Day: Albaniabeg Ambient v. Enel
The case of the day is Albaniabeg Ambient Sh.p.k. v. Enel S.p.A. (S.D.N.Y. 2016). BEG S.p.A., an Italian company, contracted with the government of Albania to build and operate a hydroelectric plant. BEG also had a contract with Enel S.p.A., another Italian firm, to study the feasibility of the project. Later, BEG had a similar contract with Enelpower S.p.A., an Enel subsidiary. The Enelpower contract had an agreement to arbitrate.
A dispute arose. BEG commenced an arbitration against Enelpower for breach of contract. The tribunal, seated in Rome, found that Enelpower was not liable to BEG. The Italian courts refused to vacate the award despite a claim that one of the arbitrators had a conflict of interest.
Later, Albaniabeg, a subsidiary of BEG, brought an action against Enel and Enelpower in the Albanian court. The claims were tort claims arising out of the hydroelectric project. The Albanian court entered a judgment for more than € 25 million against Enel and Enelpower, which was affirmed on appeal. The European Court of Human Rights rejected Enel and Enelpower’s challenge to the judgment.
Albaniabeg brought an action in the New York Supreme Court for recognition of the Albanian judgment. Continue reading Case of the Day: Albaniabeg Ambient v. Enel
Case of the Day: Amirault v. Ferrari
The case of the day is Amirault v. Ferrari (N.D. Ohio 2015). Darcie Amirault sued Riccardo Ferrari, a resident of Italy, for libel in the Cuyahoga County Court of Common Pleas. Ferrari removed the case to the District Court and moved to dismiss for insufficient service of process. Amirault had served the summons and complaint by mail prior to removal.
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