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Tracfone Case Rightly Decided
I have commented critically on several decisions in the Southern District of Florida in cases brought by Tracfone against various foreign defendants. In one, the judge allowed a motion for leave to serve a subpoena on a non-party in witness in Canada. In another, the decision was not so clearly wrong but was strange and……
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Case of the Day: Schiff v. Hurwitz
The case of the day is Schiff v. Hurwitz (W.D. Pa. 2012). Schiff was a patient of Dr. Hurwitz, who performed the “BodyTite Procedure” on Schiff. Personally, I would not recommend any medical procedure with a purposely misspelled word in the name, but that’s just me. Schiff used a medical device manufactured by Invasix in……
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Case of the Day: Signalquest v. Tien-Ming Chou
I like how the judge in today’s case of the day, Signalquest, Inc. v. Tien-Ming Chou (D.N.H. 2012), began: “When service of process absolutely, positively has to be effected on a Taiwanese defendant pursuant to FRCP 4(f)(2)(C)(ii), is Federal Express enough?” The claim was for patent infringement. Signalquest asserted that Chou and his company, Oncque,……
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Case of the Day: Body By Jake Global, LLC v. Susanto
The case of the day is Body By Jake Global, LLC v. Susanto (N.D. Cal. 2012). The claim was that Susanto, an Indonesian company, sold counterfeit exercise equipment on eBay. Body By Jake attempted to serve the summons and complaint by certified mail, return receipt requested, and when Susanto failed to answer, Body By Jake……
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Case of the Day: Gundlach v. IBM
The case of the day is Gundlach v. IBM (S.D.N.Y. 2012). Frederick Gundlach sued IBM Japan, Ltd. for breach of contract and violations of the Japanese labor law. He served the summons and complaint by registered mail, which he apparently mailed himself. IBM Japan moved to dismiss for insufficient service of process. The judge denied……