Letters Blogatory

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

Posts tagged “translation

Case of the Day: Advanced Access v. Shen

Posted on October 8, 2018

The case of the day is Advanced Access Content System Licensing Administrator, LLC v. Shen (S.D.N.Y. 2018). Advanced Access sued Feng Tao for violations of the Digital Millennium Copyright Act “in connection with Defendants’ trafficking of products designed to circumvent Plaintiff’s encryption technology.” It sought and received leave to serve Feng Tao, a resident of China, with service of process by email. After the court entered a preliminary injunction and the clerk entered Feng Tao’s default, Feng Tao appeared in the case seeking reconsideration of the default and modification of the injunction. The court of appeals affirmed those interlocutory orders over arguments that the service of process was improper. Advanced Access moved for entry of default judgment. Feng Tao then moved to dismiss for…

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Case of the Day: Atlantic Specialty v. M2 Motor Yachts

Posted on April 18, 2017

The case of the day is Atlantic Specialty Insurance Co. v. M2 Motor Yachts (S.D. Fla. 2017). The action was an admiralty case arising out of a fire aboard a yacht, allegedly caused by a defective switch manufactured by one of the several Valeo companies. Two of the defendants were Valeo SA, a French company, and Valeo Switches Und Detection Systems, a German company.

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Case of the Day: Icon DE Holdings v. Eastside Distributors

Posted on August 4, 2015

The case of the day is Icon DE Holdings LLC v. Eastside Distributors (S.D.N.Y. 2015). Icon sued Eastside and served process in Quebec. The precise manner of service was unclear. Icon claimed it proceeded via the Quebec central authority. But while I see an affidavit of service from the process server I don’t see an Article 6 certificate from the central authority. My assumption is that Icon properly sent a request for service to the central authority but that instead of sending back an Article 6 certificate the central authority sent the affidavit. In any event, Icon served the documents in English but without a French translation. It obtained a default judgment. Eastside successfully moved to vacate the judgment on grounds of insufficient service…

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