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MBS Moda v. Fuzzi SpA: Service By Mail Revisited
The case of the day is MBS Moda, Inc. v. Fuzzi S.p.A. (N.Y. Sup. Ct. 2013). Fuzzi, a women’s clothing designer and manufacturer in Rimini, Italy, had a contract with MBS Moda under which MBS was Fuzzi’s agent and sales representative in New York and was entitled to as 12% commission on sales. MBS sued……
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Case of the Day: McCarty v. Roos
The case of the day is McCarty v. Roos (D. Nev. 2012). It’s a bit off the beaten path. Robert Joseph McCarty was convicted of “quasi indecent assault” in Japan in 2003. When he returned to the United States, he was required to register as a sex offender under the Sex Offender Registration Notification Act.……
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Case of the Day: Absolute Swine Insemination Co. (H.K.) v. Absolute Swine Insemination Co.
The case of the day is Absolute Swine Insemination Co. (H.K.) v. Absolute Swine Insemination Co. (D. Nev. 2012). The facts of the case, though no doubt extremely charming, are not relevant to the case of the day. The plaintiff asserted only common law claims, and so the court had subject-matter jurisdiction only because of……
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Wallishauser v. Austria: Is 28 U.S.C. § 1608(a)(3) Still Good Law?
Update: Maybe I’ve identified a problem that doesn’t exist. The 1991 Draft Articles also permit service by other means “accepted by the State concerned.” So I suppose that if the foreign state declines to accept service by mail, then no harm, no foul? The case of the day is Wallishauser v. Austria (ECtHR 2012). I’m……
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Case of the Day: PHH Mortgage Corp. v. Colliton
The case of the day is PHH Mortgage Corp. v. Colliton (N.Y. Sup. Ct. 2012). The action was for foreclosure of a mortgage. PHH served the complaint on James Colliton, who accepted service for himself and his wife, Grace Colliton, but Mr. Colliton’s answer asserted that at the time of service, Mrs. Colliton no longer……