Tag Archives: Norway

Case of the Day: Kim v. Lakeside Adult Family Home

The case of the day is Kim v. Lakeside Adult Family Home (Wash. 2016). This is the appeal of the case of the day from February 20, 2015. Here was my summary of the facts from the prior post:

Ho Im Bae was an inpatient resident of the Lakeside Adult Family Home, a nursing home. She died of a morphine overdose, and her death was ruled a homicide. The personal representative of her estate, Esther Kim, sued several defendants, including a nurse, Christine Thomas. The claim against Thomas was that she was allegedly negligent for failing to report that Bae was being abused, as required under Washington’s mandated reporter law. Thomas, a Norwegian national living in Norway at the time of the lawsuit, moved to dismiss for insufficient service of process. The trial court ruled that the service was proper, but it dismissed the claim on the merits on summary judgment. …

The decision is short on details of Kim’s attempt to effect service. Kim hired a process server, who personally served the documents on Thomas at her residence. It’s unclear whether the process server was a private person or a person with some particular competence under Norwegian law. It’s also unclear what methods of service Norwegian law permits, although the court noted without explanation that the service was “considered due and proper service under the laws of Norway.” Norway is a party to the Hague Service Convention, and it has objected to service under Article 10.

Thomas appealed on the service issue, and the court of appeals affirmed—I opined in the prior post that this was a mistake. Now the case was on appeal to the Washington Supreme Court.
Continue reading Case of the Day: Kim v. Lakeside Adult Family Home

Case of the Day: Kim v. Lakeside Adult Family Home

The case of the day is Kim v. Lakeside Adult Family Home (Wash. Ct. App. 2015). Ho Im Bae was an inpatient resident of the Lakeside Adult Family Home, a nursing home. She died of a morphine overdose, and her death was ruled a homicide. The personal representative of her estate, Esther Kim, sued several defendants, including a nurse, Christine Thomas. The claim against Thomas was that she was allegedly negligent for failing to report that Bae was being abused, as required under Washington’s mandated reporter law. Thomas, a Norwegian national living in Norway at the time of the lawsuit, moved to dismiss for insufficient service of process. The trial court ruled that the service was proper, but it dismissed the claim on the merits on summary judgment. Both parties appealed.
Continue reading Case of the Day: Kim v. Lakeside Adult Family Home

Case of the Day: Petmas Investors v. Sameiet Holbergs Gate 19

The case of the day is Petmas Investors Ltd. v. Sameiet Holbergs Gate 19 (D.N.J. 2014). Sameiet Holdbergs operated a business in Oslo. In 2008, a renovation in the building damaged Sameiet’s space, and Sameiet sued Petmas Investors, which it claimed was responsible for the damage, in a Norwegian court. Petmas, a US firm, asserted that Sameiet had not properly served it with process under the Hague Service Convention. It brought an action in the US District Court seeking to quash the service in the Norwegian case or to order the Norwegian case dismissed.
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