Service of Process

News & Analysis as of

Court Allows An Exhausted FTC To Serve Summons On The California Secretary Of State

The Federal Trade Commission is not pleased with Discountmetalbrokers, Inc. In fact, the FTC is so unhappy with the company that it filed a complaint alleging that the company held itself out as a legitimate seller of gold...more

UK Litigation in a Post Brexit World

As in so many other areas, the effect of the decision to leave the European Union in the referendum on 23 June 2016 on litigation in England and Wales in still highly uncertain. There are a number of issues that the UK...more

SEC Announces Amendments To Rules For Administrative Proceedings

The Commission announced the adoption of amendments to its Rules of Practice which govern administrative proceedings. Previously, the SEC had issued proposed amendments which had been the subject of a number of comments....more

Brexit: Service - Implications for Contracting Parties and Disputes

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

District Court Declines Parties Joint Motion to Sever New Defendant from Pending Action

In this patent infringement action, the parties filed a joint motion to request that the district court sever Defendant Contour, LLC ("Contour") from the case. VStream, the plaintiff, had not effected service on Contour until...more

Brexit: How a Departure from the European Union Could Impact Your Dispute in the United Kingdom

If the United Kingdom (UK) votes to depart from the European Union (EU), the potential impact on litigation in the UK ranges from profound to negligible. Some UK laws owe their existence to direct European legislation, and...more

Dot Your i’s and Cross Your t’s Before Service: It Could Be Worth $2.5 Million

When De Gazelle Group, Inc. sought to use FedEx for service of process of a Saudi Arabian company, Tamaz Trading Establishment, it reliably arrived at the Saudi Arabian post office. In fact, a Tamaz agent, seeking legal...more

Genuine Parts Co. v. Cepec, C.A. No. N15C-02-184 (Del. April 18, 2016) (Strine, C.J.)

In this important decision construing the scope of Delaware’s registration statutes for foreign corporations, the Delaware Supreme Court ruled that such statutes provide a means for service of process, but do not confer...more

Reservation of Rights Letters Help Avoid Prejudice in the Third Party Context

When discussing bad faith in the third party context, most of the discussion properly centers on the duty to settle a claim. However, other actions taken by a policyholder and carrier can have an impact. The recent case of...more

March 2016 Amendments to the Federal Circuit Rules of Practice

On March 30, the United States Court of Appeals for the Federal Circuit published amended Federal Circuit Rules of Practice. Below is a summary of the most significant changes that are likely to impact your practice before...more

Supreme Court Declines to Penalize Plaintiff for Failure to Correct Misnomer

Linda Richmond alleged injuries from an April 12, 2009 auto accident that occurred when her vehicle was struck by a vehicle driven by Katherine E. Volk. The vehicle operated by Volk was owned by Jeannie Cornett. Richmond...more

Supreme Court of Missouri Reverses Trial Court Order Setting Aside Default Judgment Against Insurance Company

Bate v. Greenwich Insurance Company 464 S.W.3d 515 (Mo.banc June 16, 2015) The Supreme Court of Missouri, en banc, reversed a trial court order setting aside a default judgment against an insurer, based on improper...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending February 12 & 19, 2016

REAL PROPERTY UPDATE - - Foreclosure/Discovery: trial court erred by declining to rule prior to trial on borrowers’ motion in limine seeking to exclude evidence contrary to bank’s “technical admissions” established by...more

New Jersey Appellate Division Rules Specific Searches not Required Before Resorting to Service by Mail

In New Jersey, there are three different means by which service can be effected by mail when the primary method, personal service, is unsuccessful. Each method is unique to the specific situation that gives rise to the resort...more

Application for an extension of time for service of the claim form – a risk worth taking?

The case of Medhi Khosravi v. British American Tobacco PLC [2016] EWHC 123 (QB) concerned an application for an extension of time for service of the claim form and particulars. Sir David Eady, sitting as a High Court judge,...more

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

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

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

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

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

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