Tuesday, December 27, 2011

Rhode Island judge denies WVU motion to dismiss Big East lawsuit

Ben Kercheval - December 27, 2011
collegefootballtalk.nbcsports.com

Just a week or so after a Monongalia County Circuit Court judge denied the Big East’s motion to dismiss West Virginia’s lawsuit against the conference, a Rhode Island judge has denied WVU’s motion to dismiss the Big East’s lawsuit against the institution, West Virginia MetroNews reported this afternoon.

The 28-page ruling states that WVU’s motion was denied on grounds of Personal Jurisdiction, Service of Process, Sovereign Immunity, First to File and Forum Non Conveniens.

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Rhode Island judge denies WVU motion to dismiss Big East lawsuit

Thursday, December 22, 2011

C.A. Rejects Suit Against Canadian Firm Over Exploding Jet Ski

SHERRI M. OKAMOTO - Metropolitan News-Enterprise - December 22, 2011

A Canadian corporation cannot be sued in this state for injuries caused by an exploding jet ski on the California side of Lake Havasu, the Court of Appeal for this district has ruled.

Div. One yesterday ordered published its Nov. 30 decision holding that the placement of a product into the stream of commerce in a foreign country, with the knowledge that it may be swept into California, is not enough to subject a defendant to personal jurisdiction here.

The defendant, Dow Chemical Canada ULC, was the successor-in-interest to the Canadian corporation which had manufactured the allegedly defective fuel tank for the Sea-Doo GSX watercraft which blew up in August 2008. The nine plaintiffs, all California residents, alleged that they were injured as a result.

After being served with the complaint, Dow appeared specially and moved to quash service of the summons on the ground that it lacked the requisite minimum contacts with California to justify the state’s assertion of personal jurisdiction.

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C.A. Rejects Suit Against Canadian Firm Over Exploding Jet Ski

Wednesday, December 21, 2011

Clerk Files Motion to Dismiss Nickel Tax Lawsuit

surfky.com - 12/21/11

WEBSTER COUNTY, KY (12/21/11) – After a review of the minutes for the Nov. 3 special called Webster County Board of Education meeting at which school district officials reported the board directed a lawsuit be filed against Webster County Clerk Valerie Franklin Newell regarding her handling of a petition filed to recall a so-called “nickel tax,” Webster County Attorney Clint Prow, who represents Newell on the county’s behalf, has filed a motion to have the case dismissed.

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Clerk Files Motion to Dismiss Nickel Tax Lawsuit

ESTELA v. CAVALCANTI - quash service of process

ESTELA v. CAVALCANTI
Jose Luis Estela, Appellant,
v.
Roberto Cavalcanti, Appellee.
Case No. 3D11-2208.
District Court of Appeal of Florida, Third District.

Opinion filed December 21, 2011.

Jose Luis Estela ("Estela") appeals a non-final order denying his motion to quash service and to dismiss for lack of jurisdiction. We reverse and remand with directions to quash service of process.

After filing an amended complaint against three named defendants, including Estela, Roberto Cavalcanti ("Cavalcanti") made several failed attempts to personally serve Estela at his last known address in Key Biscayne. In an effort to locate Estela, Cavalcanti ordered a skip trace, which revealed that Estela owned homesteaded property in Miami Beach. Cavalcanti attempted to serve Estela at the Miami Beach address, but his attempts were unsuccessful.

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ESTELA v. CAVALCANTI

Wednesday, September 21, 2011

Bedard says legal issue didn't distract him

chron.com - September 21, 2011

BOSTON (AP) — Erik Bedard says legal papers given him by a process server wearing a Yankees shirt before a poor outing weren't a distraction.

The Boston left-hander allowed four runs in 2 2-3 innings in Baltimore's 7-5 win on Tuesday night. Bedard pitched after being served with papers seeking increased child support.

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Bedard says legal issue didn't distract him