In a recent post at Cartas Blogatorias, María Mercedes Albornoz has written about a recent amparo case in the Mexican Supreme Court of Justice in which the court refused to reverse a lower court’s decision refusing recognition of a US decision on the grounds that the defendant was not served personally with process.
Continue reading Mexico Update: Supreme Court Refuses Recognition of US Judgment On Service of Process Grounds
The case of the day is Ledroit Law v. Kim (Colo. Ct. App. 2015). Snell & Wilmer, an Arizona law firm with offices in Colorado, represented two Ontario companies in a civil case in the District of Colorado. At the same time, Ledroit Law, an Ontario law firm, represented one of the Canadian companies in related proceedings in Canada. Eugene Kim was a first-year associate at Snell & Wilmer at the time.
According to Snell & Wilmer and Kim, their clients instructed Snell & Wilmer to have Ledroit serve subpoenas in Ontario relating to their case in Colorado. But Ledroit sent Snell & Wilmer a bill for $15,000, claiming that Snell & Wilmer had retained Ledroit to provide legal services. Nonsense, said Snell & Wilmer—the two firms’ mutual client had instructed S&W to pass the task of serving the subpoenas on to Ledroit, so the client was liable for the bill.
Ledroit filed an action in the Ontario Superior Court against Snell & Wilmer and Kim. They served process by mail. The Ontario court “issued an assessment” against Snell & Wilmer and Kim in the amount of $15,829.99. Ledroit brought an action in Colorado for recognition and enforcement under the UEFJA.
Continue reading Case of the Day: Ledroit Law v. Kim
The case of the day is Commissions Import Export, S.A. v. Republic of the Congo (D.D.C. 2015). I’ve written about this case twice before, once in the D.D.C. and once in the D.C. Circuit. In the previous case, the question was: when a party to a foreign arbitration has obtained a judgment confirming the award from a foreign court and then seeks recognition and enforcement of the foreign judgment rather than of the award in a US court, does the statute of limitations in § 207 of the FAA preempts any longer statute of limitations available under state law governing the recognition and enforcement of foreign judgments? The D.C. Circuit said no, and so the case was back in the district court on remand to consider the merits of Commisimpex’s claim for recognition and enforcement of the foreign judgment.
Continue reading Case of the Day: Commissions Import Export v. Republic of the Congo