Tag Archives: service by mail

Case of the Day: Ure v. Oceania Cruises

The case of the day is Ure v. Oceania Cruises, Inc. (S.D. Fla. 2015). Diana Ure was a passenger aboard Oceania’s ship. She fell ill and was treated by one of the defendants, Dr. Fabian Bonilla, an Ecuadoran national. She and her husband sued Bonilla, apparently for medical malpractice, and she served him at his address in Ecuador via mail (sent by the clerk, as FRCP 4(f)(2)(C)(ii) requires). Bonilla moved to dismiss, arguing that Ecuadoran law forbids service by mail.
Continue reading Case of the Day: Ure v. Oceania Cruises

Case of the Day: Delex, Inc. v. Sukhoi Civil Aircraft Co.

The case of the day is Delex Inc. v. Sukhoi Civil Aircraft Co. (Wash. Ct. App. 2016). Delex’s claim was that it had entered into a three-year lease of office and warehouse space in Seattle from a third party on behalf of Sukhoi, a Russian firm. According to Delex, Sukhoi never paid rent, and Delex surrendered the premises to the landlord within a year, and it sued Sukhoi for breach of contract. It served process by registered mail in Russia and by personal delivery to the head of Sukhoi’s foreign activity legal support department. Sukhoi defaulted, and Delex obtained a default judgment for approximately $327,000. The court issued a writ of execution. The sheriff seized Sukhoi’s property, worth $420,000, which, according to Sukhoi, included “highly sensitive US aircraft technology and components.” Sukhoi then sought relief from the judgment and a stay of the sheriff’s sale. The trial court denied the motions, and Sukhoi appealed.
Continue reading Case of the Day: Delex, Inc. v. Sukhoi Civil Aircraft Co.

Case of the Day: Merial v. Ceva Santé Animale

The case of the day is Merial v. Ceva Santé Animale, S.A. (M.D. Ga. 2016). Merial sued Ceva, a French firm. It attempted to serve process by hiring a private process server to serve Herve Balmes, alleged to be a member of Ceva’s executive committee, in Libourne, France, and by registered mail to Marc Prikazsky, the CEO, again in Libourne. Ceva moved to dismiss for insufficient service of process.
Continue reading Case of the Day: Merial v. Ceva Santé Animale