Tag Archives: Mexico

Case of the Day: In Re R.L.

The case of the day is In re R.L. (Cal. Ct. App. 2016). R.L., a child, was born in San Diego. The child’s mother, an American citizen, was living in Tijuana at the time of the birth but came to California to deliver the baby. The child tested positive for amphetamine and methamphetamine, and the state took protective custody and filed a petition alleging inadequate care. The father, a Mexican national, lived in Tijuana. The state mailed notice of the proceedings to the father at the mother’s address in Tijuana. It made efforts to locate the father, but the mother could not provide an address and other efforts, including publication of notice of the proceedings in Mexico, yielded no fruit.
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Salcido-Romo v. Southern Copper Corp.

Workers cleaning up a spill in Sonora, Mexico
Cleaning up the Sonora y Bacanuchi Rivers.
Credit: Cuartoscuro

The case is Salcido-Romo v. Southern Copper Corp. (D. Ariz. 2016). Alberto Salcido-Romo and others were residents of a rural community in Sonora, Mexico. An indirect subsidiary of Southern Copper Corp. operated a mine near their community. In 2014, 10 million gallons of toxic mining waste flowed into a local river, affecting Salcido-Romo and the others. They brought various amparo actions in the Mexican courts against governmental defendants and against the indirect subsidiary that operated the mine. They also planned to bring environmental tort lawsuits against the mine operator and its parent, a Southern Copper Corp. subsidiary. Salcido-Romo sought leave to take discovery under § 1782 for use in the Mexican actions.
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Case of the Day: Grupo Mexico v. SAS Asset Recovery

The case of the day is Grupo Mexico SAB de CV v. SAS Asset Recovery, Ltd. (5th Cir. 2016). This was a § 1782 case with an unusual twist. Grupo Mexico was involved in litigation in Mexico and sought discovery from SAS, which had offices in Dallas. After the district court granted the ex parte application (which included, as a necessary finding, that SAS was “found” in the Northern District of Texas), SAS evaded service of process in Dallas, leading Grupo Mexico ultimately to serve the subpoena on its registered agent in the Cayman Islands, via the Hague Service Convention. Grupo Mexico then moved to quash, arguing that the service was improper because it failed to comply with Cayman law, and also that the court lacked personal jurisdiction. The judge denied the motion, in part on the grounds that SAS had waived objections to service and the jurisdiction by failing to object timely to the subpoena. SAS appealed.
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