Case of the Day: EGI-VSR v. Coderch

The case of the day is EGI-VSR, LLC v. Coderch (11th Cir. 2020). EGI-VSR had a $28 million arbitral award against Juan Carlos Celestino Coderch Mitjans, who lived in Brazil. EGI-VSR sought confirmation in Miami, and the court confirmed the award. On appeal, Coderch argued that he had not properly been served with process in Brazil, because the method of service did not comply with Brazilian law. (more…)

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Case of the Day: EGI-VSR v. Coderch

The case of the day is EGI-VSR, LLC v. Coderch (11th Cir. 2020). EGI and Juan Carlos Celestino Coderch Mitjans were parties to an arbitration in Chile that resulted in an award granting specific performance of a stock purchase agreement to EGI, which had sought to sell its shares in a Chilean wine company, ViƱa San Rafael S.A., to Coderch, one of the controlling shareholders. EGI sought recognition and enforcement of the award in Miami. Coderch moved to dismiss on the grounds of insufficient service of process and on the grounds that an award of specific performance could not be confirmed under the Panama Convention. (There were other arguments, too, which I’ll ignore). The court denied the motion and confirmed the award, and on appeal, the Eleventh Circuit affirmed. (more…)

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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 in Brazil, which led to an investigation and criminal charges there. Birmingham brought securities fraud claims, alleging that BRF had made materially misleading statements and omissions. It also sued BRF’s former officers and directors. (more…)

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Case of the Day: DHL Global Forwarding Management Latin America v. Pfizer

The case of the day is DHL Global Forwarding Management Latin America, Inc. v. Pfizer, Inc. (S.D.N.Y. 2014). DHL Global and DHL Logistics Brasil Ltda sued Itau Seguros, S.A., Pfizer, Pfizer Global Trading, and Laboratorios Pfizer Ltda, seeking a declaratory judgment regarding the extent of DHL’s liability for a partially rejected shipment of pharmaceuticals. Itau, a Brazilian company, and Pfizer’s Brazilian affiliate moved to dismiss for insufficient service of process.
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Case of the Day: Alvarado-Fernandez v. Mazoff

The case of the day is Alvarado-Fernandez v. Mazoff (Fla. Dist. Ct. App. 2014). Matthew Mazoff sued Paola Alvarado-Fernandez, a Colombian national and resident, for injuries allegedly caused by an automobile accident. Alvarado-Fernandez moved to dismiss for insufficient service of process. The trial court denied the motion, and Alvarado-Fernandez appealed. Colombia is a party to the Inter-American Convention (it acceded to the Hague Service Convention in 2013, after the time relevant to the case).
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Case of the Day: Dow Chemical Co. v. Daniel

The case of the day is Dow Chemical Co. v. Daniel (E.D. Mich. 2014). Pablo Daniel Segismun Edelstein (the court calls him Edelstein, though the case is captioned Daniel) was a former employee of Dow. After he left the company, he sued Dow in Brazil on a wage and hour claim. Dow then sued Edelstein in the United States for breach of contract, fraudulent misrepresentation, and unjust enrichment. Edelstein moved to dismiss for insufficient service of process.
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