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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……
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Case of the Day: Johnson v. Mitchell
The case of the day is Johnson v. Mitchell (E.D. Cal. 2012). The facts of the case are not terribly important. Suffice it to say that Johnson sought to serve a summons on two Panamanian nationals, Berrocal and Arosemena, in Panama. Johnson’s first efforts were inauspicious. He tried to serve Berrocal and Arosemena by mail……
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Case of the Day: Willhite v. Rodriguez-Cera
I have a very interesting Hague Service Convention case to report today: Willhite v. Rodriguez-Cera (Colo. 2012). Rex Willhite sued Paulo Rodriguez-Cera, a driver who he alleged rear-ended his car, in the state court in Colorado. Willhite also sued the owner of the car Rodriguez-Cera was driving, Juan Torres. Willhite could not locate Rodriguez-Cera at……