Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Switzerland

Case of the Day: Gyger v. Clement

Posted on November 6, 2020

The case of the day is Gyger v. Clement (N.C. 2020). The mother and the father were unmarried and had had a romantic relationship in North Carolina. They had two children, both born in Switzerland. In 2007, the mother brought an action in a Swiss court to establish paternity, and for child support. The Swiss court entered a default judgment against the father, and the Swiss central authority registered the Swiss order with the North Carolina Office of Child Support and Enforcement. The father sought to vacate the registered order on the grounds that the father had not been served in the Swiss proceedings. The mother sought relief and submitted an affidavit, but the court denied the motion. I assume that if the court…

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Case of the Day: Vischer AG v. Apollo Enterprise Solutions

Posted on October 28, 2019

The case of the day is Vischer AG v. Apollo Enterprise Solutions, Inc. (Cal. Ct. App. 2019). Vischler, a Swiss firm, had obtained a judgment for $160,000 for breach of contract against Apollo in the Commercial Court in Zurich. Vischer sought recognition in California and asserted that the Swiss judgment entitled it to damages in the judgment amount, interest, attorney’s fees, and costs. The parties settled the case for $90,000. The settlement agreement stated that nothing in the settlement precluded either party from filing a motion for attorney’s fees. Visccher did bring a motion for fees, and Apollo opposed the motion and argued that it should receive an award of fees. The Superior Court denied both motions, and Vischer appealed. Apollo cross-appealed, too, arguing…

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