Service of Process

News & Analysis as of

PTAB Decision Highlights The Importance Of Petitioners Filing Within 1 Year Of The Earliest Possible Date Of Service

It is well known that an Inter Partes Review (IPR) may not be instituted if the petitioner was served with a complaint alleging infringement more than 1 year prior to the filing of the petition. 35 U.S.C. § 315(b). Recent...more

9th Circuit Holds Subsidiary Could Be The General Manager Of Its Parent

Section 2110 of the California Corporations Code governs service of process on a foreign corporation. One means of valid service under the statute is by delivering process by hand to the corporation’s general manager in...more

Practical Post-Grant Tip: Waiver of Service

When considering an inter partes review in conjunction with a pending patent infringement suit, defendants must time the filing of their petition to beat the one-year-from-service bar imposed by 35 U.S.C. § 315(b). ...more

Late Service of the Claim Form and Failing to act promptly in seeking an Extension of Time for Service of Claim = not good news...

Hyfield Estates Ltd -v- Eggar [2015] EWHC 3773 (QB) highlights the dangers of late service of a claim form and serves as a warning to claimants that they should not leave vital procedural steps with regards to service of the...more

Mississippi Plaintiff Defeated By Improper Construction of “Amend As A Matter Of Course” Rule

We spent the past weekend in Cleveland, visiting a dear law school friend of whom we see much too little. Cleveland deserves more press as a travel destination. It boasts beautiful architecture, (including spectacular...more

You’ve Been Served Via Registered Agent – And You’re In Default

Did you know that your company may have been sued – and served – and no one in your company knows about it? Did you know that your company may even find itself in default and with a judgment against without anyone at the...more

Deposition Notice 101

In most cases you’ll need to notice at least one deposition. Here’s a handy overview for anyone new to California practice on what to include in your deposition notice and when to serve a subpoena along with it....more

Summary of December 2015 Amendments to the Federal Rules of Civil Procedure

Amendments to the Federal Rules of Civil Procedure ("Rules") that took effect on December 1, 2015, are expected to impact numerous aspects of civil litigation, including service of process, discovery (including electronically...more

Heads Up on New FRCP Amendments

Do you know about the amendments to the Federal Rules of Civil Procedure that will take effect on December 1, 2015? The amendments touch a variety of issues, but most significantly impact the scope of permissible discovery...more

How to Avoid a Process Server

I would guess that I meet with at least two people daily who tell me that they know a process server has been coming by the house but they have been avoiding him and the lawsuit they know the process server is bringing with...more

Amendments to Federal Rules of Civil Procedure Become Effective December 1, 2015

Amendments to the Federal Rules of Civil Procedure take effect on December 1, 2015. Touching a variety of issues, the amendments most significantly impact the scope of permissible discovery and the duty to preserve...more

Water Rights Adjudication Process Serving Streamlined

AB 1390 expedites comprehensive groundwater adjudications to determine rights to extract groundwater in a basin. While AB 1390, a companion bill to the Sustainable Groundwater Management Act of 2014, streamlines several...more

Rejected! Mistakes with Common Corporate Filings

In addition to the embarrassment factor for counsel and the extra time and expense involved, a rejected corporate filing can throw a wrench into what would otherwise be an orderly sequence of events in a transaction. To avoid...more

Motion to Quash Service Is Not a Collateral Order and Therefore Not Appealable - United States v. Sinovel Wind Grp. Co.

The U.S. Court of Appeals for the Seventh Circuit concluded that the district court’s denial of defendant Sinovel’s motion to quash service of process is not an appealable order under the collateral order doctrine. The Court...more

Petitioner's Reliance on the Service Date in the Proof of Service Dooms Petitions

In IPR2015-00838 and IPR2015-00840, Petitioner Tristar Products, Inc. ("Petitioner") filed petitions to instituted IPRs of certain claims of U.S. Patent Nos. 8,485,565 and 8,622,441 owned by Choon's Design, LLC ("Patent...more

Serving Proceedings in Russia under the Hague Convention

The English High Court has clarified one aspect of service of English proceedings in Russia under the Hague Convention. The English Courts remain an attractive venue for Russian related litigation. A claimant wishing to...more

My Tenants are in Default, and I Want Them Out! Now What? A Brief Overview of the Eviction Process

There almost always comes a time when a landlord has had all it can take from a problem tenant and decides it’s time to pull the trigger to start the eviction process. Most often, the tenant has built up a hefty balance in...more

Plan Administrator’s ERISA Declaratory Judgment Action Dismissed for Lack of Jurisdiction

After a top-hat plan and pension plan denied a participant’s claims and appeals for additional benefits, the plan administrators preemptively filed a declaratory judgment action, seeking a declaration that: (i) termination of...more

You’ve Been (Virtually) Served; From Facebook Friend to Process Server: Service of Process Via Facebook Messenger

It is no secret that social media has changed the face of the world in the last decade. Just ask Grumpy Cat. What is less evident, although no less true, is how social media has impacted the practice of law in the same amount...more

Virtually Served in the Online World: The Intersection of Law and Technology

Look around the playing fields where children practice soccer or baseball, and you will see many parents checking their phones. However, opening Facebook Messenger may lead to more than an invite to this weekend’s...more

Obtaining or Avoiding a Freeze on a Bank or Other Financial Account Can Require Swift Action or Reaction

During the dog days of summer, anything with the word “freeze” may sound appealing. But if the freeze is a “trustee process attachment” (tying up a bank or other institutional account), a whole different set of emotions can...more

Seventh Circuit Channels the Fugitive in Chastising Marshals Service

Ordinarily, a civil plaintiff must make his own arrangements to serve the defendant. But under Rule 4(c)(3) of the Federal Rules of Civil Procedure, the district court “may order that service be made by a United States...more

Be Careful whom you friend on Facebook. When things go south, your next message may have a summons and complaint attached.

The few decisions addressing the propriety of service via social media reportedly are split on the issue. In a situation that is likely to become more common, a New York County Supreme Court Judge, Matthew Cooper, ruled...more

Arizona Court of Appeals Interprets Stricter Requirements for Payment Bond Claimants

Arizona has long protected the rights of subcontractors and material suppliers to seek recovery from the payment bond surety on public bonded projects. Arizona’s Little Miller Act, A.R.S. § 34-223, provides that claimants...more

Under Construction - June 2015

Letter from the Editor - Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the...more

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