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Todd
Thank you for visiting. This informational blog in no way provides legal advice or a substitute for an attorney in your jurisdiction. I can however assist you with international family law issues. I have worked with U.S. and foreign attorneys to assist parents and families with complicated international family law issues, writing memos and offering testimony for custody hearings. I offer free consultations--please feel free to email me at todd@internationalfamilysolutions.com.
Recent Activity
Georgialee Lang's Lawdiva Blog offers valuable insight from a lawyer who works out of Vancouver and regularly handles cross-border custody cases. In describing the outcome of three Hague Abduction Convention cases from this summer, Lawdiva explains that for these cases: the endings were bitter-sweet. In all cases the children were returned, but returning home merely signals the beginning of long, ugly, expensive, custody/access battles where neither parent wins, and the children lose. Ms. Lang's post offers frank discussion of an unfortunate situation. International child abductors seldom enjoy "success" as a result of their abductions. Most the time, courts order children's... Continue reading
A Hague Service Convention issue on appeal in Florida recently arose in a case of quashed service and a dismissed complaint at trial.. A U.S. company's attempt at serving process on a Mexican corporation did not comply with the Hague Service Convention because it did not state whether the time... Continue reading
Posted Sep 7, 2011 at International General Practice
When the decedent in The Matter of Estate of Bulhack died intestate, a probate genealogy service dug up eight heirs in Belarus. These heirs, who were the decedent's paternal cousins, sought their share of his estate. Six maternal heirs in the U.S. did not agree to share the pie. So... Continue reading
Posted Aug 29, 2011 at International General Practice
Paying attention to the circuit slit of the Hague Service Convention's Article 10(a) provision, another district court has held the the word "send" in the Convention encompasses "serve." In Orms v. Takeda Pharmaceuticals America, Inc., plaintiffs served a Japanese corporation by sending the summons and complaint via registered mail to... Continue reading
Posted Aug 29, 2011 at International General Practice
In U.S. v. Nunez-Beltran, the government tried to get the defendant's Mexican birth certificate admitted into evidence. A magistrate admitted the birth certificate, but the defendant sought further ruling from the district court. Though the birth certificate had an apostille, the apostille did not have the required self-dentification as an... Continue reading
Posted Aug 29, 2011 at International General Practice
Asylum-seekers must be careful with the services they use to authenticate foreign documents. The U.S. Immigration Court overturned an immigration judge's refusal to give a continuance in an application asylum status in Vartpetyan v. Holder. The Immigration Judge refused the asylum statue because the seeker submitted a fraudulent apostille to... Continue reading
Posted Aug 29, 2011 at International General Practice
After Japan stated its intention to join the Hague Abduction Convention, the Daily Yomuiri Online reports that its enactment has received attention from a legislative subcommitte. According to this site, legislation that sets up the Central Authority and relevant processes could pass next year. Some in Japan fear the Hague Abduction Convention's results in cases with child abuse exceptions. Indeed, evidentiary burdens with the somewhat negative proof required in Article 13(b)'s exception for returns can be difficult to bear in some cases where the abducting parent alleges a grave risk of harm exception for abuse. The Japanese Foreign Ministry reportedly... Continue reading
The Ninth Circuit case Mattel, Inc. v. MCA Records, Inc. provided interesting analysis of U.S. intellectual property law regarding copyright, fair use, and brand dilution. It told the interesting tale of Mattel’s suit to protect Barbie’s honor from the song “Barbie Girl.” For our purposes regarding jurisdiction over foreign defendants,... Continue reading
Posted Aug 23, 2011 at International General Practice
Doe I v. Unocal Corp. involved an Alien Tort Claims Act (ATCA) suit against a company building a oil pipeline through Myanmar. The Ninth Circuit found that a violation of the law of nations occurred, based on allegations of torture (including rape as a form of torture), murder, and slavery... Continue reading
Posted Aug 23, 2011 at International General Practice
Burda Media, Inc. v. Viertel involved a civil RICO claim against a foreign defendant for fraud. After a failed attempt to serve process in New York, the plaintiff complied with the Hague Convention on Service of Process to serve the complaint and summons on the defendant in France. The Central... Continue reading
Posted Aug 23, 2011 at International General Practice
Nuovo Pignone, SpA v. Storman Asia M/V addressed the Hague Convention on Service of Process’s Article 10(a) split over whether the Convention permits service of process by international mail. Unlike in Brockmeyer v. May, the Fifth Circuit held that the Convention only allows plaintiffs to “send” judicial documents, not serve... Continue reading
Posted Aug 23, 2011 at International General Practice
The Third Circuit heard the case In re Automotive Refinishing Paint Antitrust Litigation, ultimately upholding the district court’s decision. The decision handled important aspects of international competition law. The case was a large-scale antitrust dispute, consolidated into one action, that alleged price-fixing by foreign and domestic defendants. At issue was... Continue reading
Posted Aug 23, 2011 at International General Practice
Intel Corp. v. Advanced Micro Devices came in front of the U.S. Supreme Court because Advanced Micro Devices sought evidence in the U.S. under 28 U.S.C. 1782 for an antitrust complaint it filed with the Commission of the European Union (then the European Community). The District Court denied the application;... Continue reading
Posted Aug 23, 2011 at International General Practice
Barcelona.com v. Excelentisimo Ayumtamiento involved an action for declaratory judgment brought by Barcelona.com (Bcom) to prevent the City of Barcelona from enforcing an arbitration ruling that gave the domain name to the city. Barcelona.com was a Delaware-based corporation that operated a fledgling site for Barcelona tourism. The City of Barcelona... Continue reading
Posted Aug 23, 2011 at International General Practice
Akazawa v. Link New Technology International handled the issue of whether a patent was assigned under Japanese intestacy law upon death, thus giving the plaintiffs--the heirs--standing to sue for patent infringement. The facts of the case were straightforward. The decedent died in Japan intestate, leaving his intellectual property rights to... Continue reading
Posted Aug 23, 2011 at International General Practice
In Vangarck, Axelson, and Williamowsky v. Estate of Abbasi, the federal district court of Maryland clarified its jurisdictional reach over a suit seeking attorney’s fees for administration of property in Maryland for a suit in another jurisdiction where the initial probate action commenced. In short, the court ruled that it... Continue reading
Posted Aug 23, 2011 at International General Practice
In Estate of Engelman v. Commissioner of the Internal Revenue Service, the U.S. Tax Court considered whether a decedent’s unrestricted gift to the State of Israel was deductible for federal tax purposes. The decedent died, giving 5,000 US dollars in trust fund to the State of Israel. Normally, gifts to... Continue reading
Posted Aug 23, 2011 at International General Practice
The case In re Alyssa F. dealt with service of process in Mexico pertaining to a case on the termination of parental rights. The California’s Court of Appeals, 4th District, acknowledged the split among federal circuits and even California districts over whether Article 10(a) of the Convention on Service of... Continue reading
Posted Aug 23, 2011 at International General Practice
In Brockmeyer v. May, the Ninth Circuit Court of Appeals held that the Hague Convention on Service of Process permits plaintiffs to serve process internationally by mail, so long as the receiving country does not object. The issue in the case surrounds a split in the federal circuits’ interpretations of... Continue reading
Posted Aug 23, 2011 at International General Practice
In Rio Properties Inc. v. Rio International Interlink, the Ninth Circuit held that service of process via email was proper when served via email to a foreign defendant. In admittedly “uncharted waters,” the court upheld the district court’s use of Federal Rule of Civil Procedure 4(f)(3), which provides courts the... Continue reading
Posted Aug 23, 2011 at International General Practice
In Societe Nationale Industrielle Aerospatiale, et al. v. U.S. District Court, the U.S. Supreme Court essentially inquired whether the Hague Evidence Convention provided the only available procedure for collecting evidence from a foreign party through pretrial discovery. In the case, plaintiff’s sought evidence under the Federal Rules of Civil Procedure... Continue reading
Posted Aug 23, 2011 at International General Practice
The U.S. Supreme Court examined the Hague Convention on Service of Process in Volkswagen v. Schlunk. The issue was whether service of process on a wholly owned subsidiary was “service abroad” under the Hague Convention on Service of Process. Plaintiffs had served Volkswagen’s U.S. subsidiary properly under the law of... Continue reading
Posted Aug 23, 2011 at International General Practice
In Estate of Tassaras v. Michas, appellants challenged a lower court ruling that admitted a foregin will from Greece into an Illinois probate action. The decedent's will in Greece had been established under the Greek procedure, requiring a testator to read the contents in front of witnesses to a notary,... Continue reading
Posted Aug 13, 2011 at International General Practice
In the recent case Delgado-Ramirez v. Lopez, the Western District of Texas rejected a defense regarding the exercise of rights of custody, despite a Mexican court's revocation of parental rights two days before the wrongful removal. The child, D.L.A., was living with Delgado-Ramirez, who had custody. D.L.A. however was the natural child of Avila and Lopez. Before the removal, the child had moved backed in with Avila. However, Delgado-Ramirez had registered D.L.A. for school in Ciudad Juarez; was paying for that school and other expenses related to D.L.A.'s care; was exercising her authority over D.L.A.'s living arrangements by allowing D.L.A.... Continue reading
Hi Readers! Please excuse my little hiatus. Between graduation, weddings, relocated across an ocean and continent, studying for the bar exam, and externing for a judge at the Superior County Court for the past three weeks, life has been busy! Fear not. The posts will keep coming as I balance my new schedule. In the meantime, feel free to email me with your questions at todd@internationalfamilysolutions.com. All my very best wishes, TMH Continue reading