Letters Blogatory

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

Posts tagged “service by mail

Case of the Day: Sale v. Jumbleberry Enterprises

Posted on March 3, 2021

The case of the day is Sale v. Jumbleberry Enterprises USA, Ltd. (S.D. Fla. 2021). Sale brought a fraudulent transfer claim against Jumbleberry, a Canadian company. It encountered delays in serving process and sought an extension of time to effect service, noting that Jumbleberry’s offices in Toronto had been closed due to the pandemic. Eventually, it had a Canadian process server, who was unable to make personal service due to the office closure, mail a copy of the documents to the Jumbleberry office. Jumbleberry moved to dismiss for insufficient service of process. FRCP 4(f)(4)(2)(A) allows service by a method prescribed by the relevant foreign law, and Canada has not objected to alternative methods of service under Article 10 of the Hague Service Convention. Thus…

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Case of the Day: Appel v. Hayut

Posted on December 23, 2020

The case of the day is Appel v. Hayut (SDNY 2020). The plaintiff, Ronit Appel, served process on David Kazhdan, a defendant in Israel, by hiring Rimon Deliveries and Services, apparently an Israeli delivery company, which then mailed the documents to Kazhdan through the Israeli post. Just so that this is clear, the documents were mailed from Rimon, in Israel, to Kazhdan, in Israel. Thus this is not the ordinary postal channels case where the question is the sufficiency of mail sent from the United States to the state of destination.

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Cert. Watch: Changzhou SinoType v. Rockefeller

Posted on August 20, 2020

Readers, here is the petition for cert. in Changzhou Sinotype Technology Co. v. Rockefeller Investments (Asia) VII, a case from the California Supreme Court that you’ll remember from this spring. Here are the facts in a nutshell. A US company wins a big arbitral award against a Chinese company in a US-based arbitration. Rather than going to China to enforce the award, it sought a California judgment confirming the award. It brought an action in Los Angeles and served the summons and petition on the Chinese company, in China, via FedEx.

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