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Case of the Day: Tracfone v. CNT Wireless
The case of the day is TracFone Wireless, Inc. v. CNT Wireless, LLC (S.D. Fla. 2019). TracFone accused the defendants of an “unlawful international mobile telephone trafficking scheme.” It sought leave to serve subpoenas on non-parties in Canada. The case is similar to TracFone Wireless, Inc. v. Technopark Co. (S.D. Fla. 2012), which I described……
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Case of the Day: Vista Peak Ventures v. GiantPlus Technology
The case of the day is Vista Peak Ventures, LLC v. GiantPlus Technology Co., Ltd. (E.D. Tex. 2019). The claim against GiantPlus, a Taiwanese company, was for patent infringement. Vista Peak asked the clerk to send the summons and complaint by registered mail, return receipt requested, to GiantPlus in Taipei. So far so good. A……
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In re BRF Securities Litigation
The case of the day is In re BRF S.A. Securities Litigation (S.D.N.Y. 2019). The lead plaintiff is the Birmingham Retirement and Relief System. It brought an action against BRF, a poultry exporter in Brazil, whose American depository receipts traded on the NYSE. The claim was that BRF and its executives bribed regulators and officials……
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Case of the Day: Shull v. University of Queensland
The case of the day is Shull v. University of Queensland (D. Nev. 2018). Frederick H. Shull Jr. sued the University of Queensland School of Medicine. He sought leave to serve process by mail. The United States and Australia are both parties to the Hague Service Convention. Australia does not object to service by postal……
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Case of the Day: Reflex Media v. Apiriliaco
The case of the day is Reflex Media, Inc. v. Apiriliaco, Ltd. (9th Cir. 2018). The case illustrates nicely the distinction drawn in Water Splash v. Menon between methods of service that the Hague Service Convention authorizes, and methods of service that the Convention merely permits. Reflex served process on Apiriliaco in Cyprus via mail—sent……