Tag Archives: service by mail

Case of the Day: Phoenix Process Equipment v. Capital Equipment & Trading

The case of the day is Phoenix Process Equipment Co. v. Capital Equipment & Trading Corp. (W.D. Ky. 2017). Phoenix was a Kentucky company that designs and manufactures water recycling equipment used to wash coal. Capital Equipment & Technology Corp., a Delaware corporation that used the trade name CETCO, was its distributor in Russia and Ukraine. The distribution contract was signed by its CEO, Alexander Chudnovets. Capital Equipment & Technology Corp. was dissolved in 2011, unbeknownst to Phoenix. Phoenix continued to do business with two other companies that used the CETCO name: Capital Equipment & Trading Corp., a Texas corporation, and Coralina Engineering, LLC, a Russian limited liability company. Chudnovets was the sole member of Coralina and the the CEO of Capital Equipment & Trading.

A dispute arose when Phoenix learned that Coralina was selling products very similar to its own within the distribution territory. Phoenix sued in the Jefferson Circuit Court, and the defendants removed the case to the District Cout. The claims for for breach of contract, unfair competition, violations of the Uniform Trade Secrets Act, civil conspiracy, and fraud. Coralina and Chudnovets moved to dismiss for insufficient service of process.
Continue reading Case of the Day: Phoenix Process Equipment v. Capital Equipment & Trading

Water Splash v. Menon: Two Briefs

The first two briefs are on file in Water Splash v. Menon, the Supreme Court case on the interpretation of Article 10(a) of the Hague Service Convention. First is the petitioner’s brief, of course, and there’s also an amicus brief from the United States in support of the petitioner’s view.
Continue reading Water Splash v. Menon: Two Briefs

Water Splash v. Menon: The Question Presented Calls For Caution

In Water Splash v. Menon, the Supreme Court will resolve the longstanding circuit split about whether Article 10(a) of the Hague Service Convention allows service of process by mail. As I noted in my post on Multisports USA v. TheHut.com, there’s a difficulty in the way the question on cert. has been presented. The question, as it appears in the petition, is: “Does the Hague Service Convention authorize service of process by mail?” The key word, the problematic word, is “authorize.” The question presented in the case is whether Article 10(a) has anything at all to do with service of process by mail or whether it only applies to service of documents other than the summons or other process. But the word “authorized” raises an entirely different question, on which there is also a (possible) circuit split but which is not part of the case before the court.
Continue reading Water Splash v. Menon: The Question Presented Calls For Caution