Case of the Day: Inversiones Papaluchi v. Superior Court

The case of the day is Inversiones Papaluchi S.A.S. v. Superior Court (Cal. Ct. App. 2018). The case arose out of helicopter accident in Colombia in 2011. The defendants brought a cross-complaint against Inversiones Papaluchi, a Colombian entity. Colombia is a party to the Hague Service Convention and has not objected to service by postal channels. The defendants served process by Fedex and email.
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Case of the Day: Ingenieria, Maquinaria Y Equipos v. ATTS

The case of the day is Ingenieria, Maquinaria Y Equipos de Colombia S.A. v. ATTS Inc. (D.N.J. 2017). ATTS was the agent of ISGEC John Thompson Ltd., which sold commercial boilers. IMECOL and ATTS entered into a three-year agreement under which IMECOL would act as sub-agent and would sell IJT boilers in Colombia. The agreement had an agreement to arbitrate that provided for arbitration in Cali, Colombia. ATTS learned that IMECOL had contacted IJT and had tried to negotiate to become IJT’s agent in Latin America. ATTS then terminated the agreement with IMECOL, arguing that IMECOL had breached the agreement’s provision forbidding direct contact with IJT and had entered the agreement under false pretenses, and IMECOL initiated an arbitration.

ATTS declined to participate in the arbitration “because the Agreement was terminated and no longer in effect.” The tribunal awarded almost $300,000 to IMECOL. IMECOL sought confirmation.
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Case of the Day: Zamora v. JP Morgan Chase Bank

The case of the day is Zamora v. JP Morgan Chase Bank, NA (S.D.N.Y. 2017). Daniel Zamora sued Dilia Margarita Baez and Jairo Enrique Sanchez for defrauding investors. The two were residents of Colombia. Zamora effected service by having a Colombian lawyer affix the documents to the defendants’ homes, and by certified mail. It appears the certified mail was sent by the Colombian lawyer, not by the American lawyer let alone by the clerk. The case was before the court on a motion for default judgments.
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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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