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Picard v. Cohmad Sec. Corp. ETC (In re Bernard Madodd Inv. Sec. LLC)

Picard v. Cohmad Sec. Corp. ETC (In re Bernard Madodd Inv. Sec. LLC)

Ruling
Swiss joint tenancy had sufficient U.S. contacts to establish personal jurisdiction in preferential transfer proceeding.
Procedural posture

Plaintiff trustee brought claims under the Securities Investor Protection Act, 15 U.S.C.S. § 78aaa et seq., against defendant, Swiss joint tenancies, seeking turnover and accounting, avoidance of preferential and fraudulent transfers. The joint tenancy moved to dismiss the complaint for insufficient service of process under Fed. R. Civ. P. 4(f) and lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) and (5).

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Commercial opinion summary, case decided on October 26, 2009 , LexisNexis #1109-086