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Case of the Day: Automobil Lamborghini v. Garcia

The case of the day is Automobile Lamborghini S.p.A. v. Garcia (E.D. Va. 2020). The claim was that Garcia had been selling counterfeit Lamborghini goods on the internet. Garcia and his lawyer were communicating with the plaintiff’s lawyers, so they were aware of the lawsuit, but efforts to serve Garcia in Argentina via the central authority mechanism failed when, after a year, the Argentine authorities attempted service at Garcia’s known address, only to find it was vacant and under construction. Lamborghini then sought and obtained leave to serve process via email (Argentina objects to service by alternate means under Article 10 of the Service Convention). After the email was sent, Garcia entered an appearance and moved to dismiss; his initial motion to dismiss did not argue insufficient service of process. The court denied the motion to dismiss. The plaintiff filed a first amended complaint, and Garcia failed to answer it. Lamborghini moved for entry of default judgment, and the magistrate judge recommended that the motion be granted. (more…)

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Case of the Day: In re Republic of Turkey

The case of the day is In re Republic of Turkey (D.N.J. 2020). The case presents one of the issues I’ve written about a few times as an academic curiosity, although neither the court nor the parties seem to have noticed it. The Turkish government sought discovery in the US in aid of an investment treaty arbitration to which it was a party. (more…)

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Case of the Day: Opati v. Sudan

Here is a guest post from friend of Letters Blogatory Minyao Wang on Opati v. Sudan, the Supreme Court’s latest look at the FSIA. If I can editorialize about his last paragraph for a second: I don’t think that we should encourage Congress to think carefully about retroactivity when putting together a bill to allow COVID-19-related lawsuits against China. I think we should say, “Congress! Stop messing up the law of foreign sovereign immunity! Just leave it alone!”

Earlier this week the Supreme Court unanimously ruled for the plaintiffs in Opati v. Republic of Sudan, holding that a law passed by Congress in 2008 that authorizes punitive damages against foreign governments for supporting terrorism applies to misconduct predating the law.1 This case gave the Court an unusual opportunity to address the interplay of two different American legal rules: sovereign immunity and the presumption against retroactive application of a new law. (more…)

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Case of the Day: Dish Networks v. Reich

The case of the day is Dish Networks LLC v. Reich (S.D. Fla. 2020). Dish Network and Nagrastar LLC sued Robert Reich, alleging that he had illegally broadcast their satellite programming to customers in Belize. They served process via a process server, who personally served the papers on Reich (at least according to his affidavit—Reich claims that the papers were served on his wife, but I will ignore the factual dispute here). Reich moved to dismiss for insufficient service of process. (more…)

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Case of the Day: Mattel, Inc. v. Animefunstore

The case of the day is Mattel, Inc. v. Animefunstore (SDNY 2020). Mattel sued several Chinese defendants, including Animefunstore, known in the decision as the “Wang defendants,” for selling counterfeit versions of UNO, the card game. Mattel sought and obtained an ex parte temporary restraining order, and the court authorized Mattel to serve process by alternate means including email. It justified the motion by noting that “third-party merchants on DHgate, Alibaba and AliExpress, like the Wang Defendants, have been known to use aliases, false addresses and other incomplete identifying information to shield their true identities and there were, in fact, only partial, incomplete or no physical addresses whatsoever associated with the majority of the Wang Defendants’ User Accounts.” The court granted the motion, and after service, the defendants moved to dismiss. (more…)

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