Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Panama

Case of the Day: Latin American Theatrical Group v. Swen International Holding

Posted on July 2, 2013

The case of the day is Latin American Theatrical Group, LLC v. Swen International Holding (C.D. Cal. 2013). Latin American filed a petition to confirm an arbitral award against Swen, a foreign corporation that had its offices in Panama. Latin American served process on Swen in Panama by mail. Panama is a party to the Inter-American Convention on Letters Rogatory and the Additional Protocol, but not to the Hague Service Convention. Swen moved to dismiss for insufficient service of process. The judge noted that under Ninth Circuit precedent, service by mail under FRCP 4(f)(2)(C)(ii) was permissible only if the mail is sent by the clerk. The issue about whether the Hague Service Convention affirmatively authorizes service by mail without regard to FRCP 4(f)(2)(C)(ii) was…

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Case of the Day: Elcometer v. TQC-USA

Posted on March 7, 2013

The case of the day is Elcometer, Inc. v. TQC-USA, Inc. (E.D. Mich. 2013). Elcometer was a manufacturer and distributor of handheld coating thickness gauges. It sued TQC-USA, Paintmeter.com, and Robert Thoren (Paintmeter’s principal) for trademark infringement. Elcometer attempted to serve Paintmeter and Thoren via personal service and certified mail, but both attempts were unsuccessful. Elcometer also sought to send the summons and complaint to the email address Paintmeter and Thoren used to conduct business, but it received no response. Elcometer’s lawyer did manage to speak with Thoren by phone before a hearing on its motion for a preliminary injunction, but Thoren, who refused to remove the allegedly infringing marks from the Paintmeter website, “indicated that [Elcometer] had no available recourse since he lives…

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Case of the Day: Johnson v. Mitchell

Posted on May 1, 2012

The case of the day is Johnson v. Mitchell (E.D. Cal. 2012). The facts of the case are not terribly important. Suffice it to say that Johnson sought to serve a summons on two Panamanian nationals, Berrocal and Arosemena, in Panama. Johnson’s first efforts were inauspicious. He tried to serve Berrocal and Arosemena by mail and by email, asserting that both methods of service were permissible under the California Code of Civil Procedure. But as the judge recognized, California law is irrelevant. While federal law incorporates state law on service of process when the defendant is to be served in a judicial district of the United States, it does not incorporate state law when the defendant is to be served abroad. Johnson’s next effort…

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