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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……
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The Curse of TracFone
Holy cow! TracFone is back in the Southern District of Florida. The first time we considered a TracFone case, I called the judge’s decision “one of those rare cases that is so wrong that I hope it does not get into the F. Supp.2d, so as to avoid misleading lawyers.” The second time, I wrote……
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Case of the Day: Dierig v. Lees Leisure Industries
The case of the day, Dierig v. Lees Leisure Industries, Ltd. (E.D. Ky. 2012), is yet another example of a US case holding that service by mail in Canada is permissible. I have suggested, in a series of posts and comments here and at Antonin Pribetic’s Trial Warrior Blog, that I think service by mail……
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Case of the Day: New York State Thruway Authority v. Fenech
The case of the day is New York State Thruway Authority v. Fenech (N.Y. App. Div. 2012). The question was whether service by mail is permissible where the defendant is in Canada. There was no question in the case that New York law permitted service by mail; the question was whether the service also comported……