Letters Blogatory

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

Posts tagged “prejudgment remedies

Case of the Day: 3M Co. v. Christian Investments LLC

Posted on September 7, 2011

The case of the day, 3M Co. v. Christian Investments LLC (E.D. Va. 2011), poses the question whether a foreign defendant who has not yet been served by process can be bound by a preliminary injunction. 3M, the multinational company headquartered in St. Paul, Minnesota, owns the “3M” trademark and has registered many domain names that incorporate “3M” (e.g., 3m.com, mmm.com, 3mtechnologies.com, and so forth). 3M alleged that several online gambling companies had registered domain names that were identical or confusingly similar to 3M’s trademarks. It sued the companies, several companies that provided web hosting service to them, and the “defendant domain names.” After filing the complaint, 3M sent copies of the complaint and the preliminary injunction motion papers to the gambling companies and…

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Cases of the Day: NML Capital Ltd. v. Argentina

Posted on July 8, 2011

The Cases of the Day,  NML Capital, Ltd. v. Banco Central de la República Argentina (2d Cir. 2011), and NML Capital, Ltd. v. Republic of Argentina (UKSC 2011), are the latest in a series of cases brought against Argentina by investors in Argentine sovereign debt after the country’s financial crisis. We have previously reported on Argentina v. BG Group, confirming an award against Argentina under the Argentina/UK BIT; Argentine Republic v. National Grid plc, denying Argentina’s motion to vacate another award on procedural grounds and confirming the award; and Scheck v. Republic of Argentina, rejecting Argentina’s defense of insufficient service of process in an action for recognition and enforcement of a German judgment against Argentina in favor of investors. The Second Circuit case dealt…

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Case of the Day: Sojitz Corp. v. Prithvi Information Solutions Ltd.

Posted on April 20, 2011

HT to Gary Born and Thomas Snider, whose recent post at the Kluwer Arbitration Blog brought to light the Case of the Day, Sojitz Corp. v. Prithvi Information Solutions Ltd. (App. Div. 2011). (Conflict of Laws.net also has a post on the case). Sojitz involves an aspect of judicial assistance that we haven’t previously considered here, namely, prejudgment remedies to provide security for an eventual arbitral award that the plaintiff expects to obtain. This seems to fall within the “enforcement of judgments” prong of the Letters Blogatory scope of coverage, and it will require a little reprogramming of my top-secret Letters Blogatory Westlaw query to try to capture similar cases going forward. The facts of the case were nothing exceptional. Sojitz, a Japanese company, had a contract…

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