Case of the Day: Mitchell v. Volkswagen Group of America
The case of the day, Mitchell v. Volkswagen Group of Am., Inc. (N.D. Ga. 2010), shows the importance of checking the text of reservations to the Hague Conventions in their original language rather than relying on the English translation on the Hague Conference website. The claim was for product liability that resulted in the death […]
Case of the Day: Sbarro, Inc. v. Tukdan Holdings, Ltd.
The case of the day is Sbarro, Inc. v. Tukdan Holdings, Ltd. (N.Y. Sup. Ct. 2011). The underlying facts are not clear from the decision. Sbarro sued Tukdan Holdings, an Israeli firm, and Werner, who lived in Israel. Sbarro effected service in two ways: by registered mail, and by personal service in Israel according to Israeli […]
Case of the Day: Harris v. NGK North American, Inc.
Revised, with a discussion of the implications of the Volkswagen case. The case of the day, Harris v. NGK North Am., Inc. (Pa. Super. Ct. 2011), is one of a series of cases that has taken a position, one way or the other, on whether Article 10(a) of the Hague Service Convention permits service by […]
Case of the Day: Baldiga v. Joint Stock Co. (In re Cyphermint, Inc.)
The case of the day, Baldiga v. Joint Stock Co. (In re Cyphermint, Inc.) (Bankr. D. Mass. 2011), is from my home base in Boston. It involves the difficulties in serving process in Russia under the Hague Service Convention. The case was a preference avoidance action by the Chapter 7 Trustee against the St. Petersburg […]
Service By Mail Revisited
A few Letters Blogatory cases of the day have involved service by mail or by private delivery service. Service by mail is inexpensive; it provides pretty good assurance that the defendant has in fact received the papers served; and states need not permit service by mail if they have an objection to the use of […]