Case of the Day: State Farm v. Gree USA

The case of the day is State Farm Fire & Casualty Co. v. Gree USA, Inc. (S.D. Ind. 2019). State Farm sued Gree Electric Appliances, Inc. and Gree Electric Appliance Sales, both located in Hong Kong, as subrogee for its insured, Dennis Holdren, alleging that a fire in Holdren’s house was caused by a defect in a dehumidifier manufactured by Gree. State Farm served process on Gree by serving its US subsidiary (actually, a second-level subsidiary) in California. Gree moved to dismiss for insufficient service of process. (more…)

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Hong Kong

Our head of state embodies the character of the nation. So it is fair to say the state of the American character today is not strong. And it is unfortunate that the world and its problems will not wait for our national character to improve. (more…)

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Case of the Day: Development Specialists v. Li

I cannot recommend today’s case of the day, Development Specialists, Inc. v. Li (In re Coudert Bros. LLP) (S.D.N.Y. 2017), highly enough. It’s an excellent piece of work by Judge Kenneth M. Karas, a rare tour de force through FRCP 4 and its interplay with the Service Convention. Coudert Brothers, a New York law firm, had dissolved in 2005 and filed a Chapter 11 bankruptcy petition in New York in 2006. A plan of liquidation was confirmed in 2008. The plan allowed Coudert’s former partners to enter into a settlement agreement with Development Specialists, the plan administrator. According to the plan administrator’s declaration, Rupert X. Li, one of the former partners, who resided in Hong Kong, did not executed the agreement or otherwise participate in the plan. The administrator brought an adversary proceeding against Li for breach of contract and avoidance of fraudulent transfers.
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Case of the Day: Shanghai Commercial Bank v. Chang

The case of the day is Shanghai Commercial Bank Ltd. v. Chang (Wash. Ct. App. 2016). The bank had a Hong Kong judgment against Chang on account of an unpaid debt. The bank sought recognition and enforcement of the Hong Kong judgment in Washington, where Chang and his wife, Chen, had lived for many years. They were married long before Chang incurred the debt to the bank, though Chen herself had not incurred the debt and didn’t know about it at the time. The trial court held previously held that the Hong Kong judgment was entitled to recognition, and in today’s case it held that the judgment could be enforced against the marital property of Chang and Chen (Washington is a community property state). Chang appealed.
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Case of the Day: O’Keeffe v. Adelson

Sheldon Adelson
Sheldon Adelson. Credit: Bectrigger

The case of the day is O’Keeffe v. Adelson (11th Cir. 2016). This is the appeal from In re Application of O’Keeffe (S.D. Fla. 2015), which I covered. Casino magnate Sheldon Adelson sued Wall Street Journal reporter Kate O’Keeffee in Hong Kong for defamation after she described him as a “scrappy, foul-mouthed billionaire from working class Dorchester, Mass.”
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Case of the Day: Plastech Holding Corp. v. WM Greentech

The case of the day is Plastech Holding Corp. v. WM Greentech Automotive Corp. (E.D. Mich. 2016). PHC sued WM Industries Corp., GreenTech Automotive Corp., and GreenTech Automotive Inc. JAC Motors, a non-party, sought to intervene in the case, but PHC opposed its motion, because the contract between JAC and PHC had an agreement calling for arbitration in Hong Kong. The motion for leave to intervene was allowed, and PHC amended its complaint to state a claim against JAC. PHC then served notices for depositions of eleven JAC witnesses who resided in Taiwan. The notices called for the depositions to take place in Michigan.
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Case of the Day: Resorts World v. Chan

The case of the day is Resorts World at Sentosa Pte Ltd. v. Chan (D. Hawaii 2016). Resorts World sued Chan in the Singapore High Court on a debt. The Singaporean court entered judgment for Resorts World for $882,644. Resorts World brought an action for recognition and enforcement in Hawaii. Chan moved to dismiss for insufficient service of process. She also asserted that the Singapore judgment was void because she had not properly been served with process in that proceeding, and that the district court lacked subject-matter jurisdiction.
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Case of the Day: Toyo Tire & Rubber v. CIA Wheel Group

The case of the day is Toyo Toy & Rubber Co. v. CIA Wheel Group (C.D. Cal. 2016). Toyo sued Hong Kong Tri‚ÄďAce Tire Co. and Jinlin Ma for trade dress infringement, fraud, unfair competition, etc. They sought leave to serve process by email. Both defendants were thought to be in Hong Kong, but Toyo, after some investigation, did not know their address.
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