Service of Process

News & Analysis as of

Service of Process by FedEx?

Can a summons and complaint that is sent to a defendant via FedEx, that’s not personally accepted by a defendant, be deemed proper service? ...more

Autopsy of a Debt Collection Lawsuit – How to Overturn a Default Judgment in Arizona

Autopsy of a Debt Collection LawsuitRecently I read an article that said nearly 98% of debt collection lawsuits ended up in a default judgment. A default judgment is entered with the person getting sued doesn’t respond to...more

SDNY Rejects SEC’s Proposed Alternative Service For Two Chinese Nationals

On January 30, the U.S. District Court for the Southern District of New York denied the SEC’s motion for an order authorizing alternative means of service for two Chinese nationals residing in the People’s Republic of China....more

Argument Report: Does Waiver of Personal Jurisdiction Apply to Orders Entered Before Service?

In the recently concluded January term of the Illinois Supreme Court, the court heard arguments in five civil cases. Our reports begin with BAC Home Loans Servicing, LP v. Mitchell. In BAC, an apparently skeptical Court heard...more

The Perils of Incomplete Service

Our previews of the newest additions to the Illinois Supreme Court’s civil docket continue with Bettis v. Marsaglia, an election law case from the Fourth District. Bettis poses the question of whether a plaintiff’s failure to...more

Important Amendments to the Texas Rules of Civil Procedure: Electronic Filing, Service by Email, New Response Deadlines, and...

Effective January 1, 2014, the Texas Supreme Court enacted important amendments to the Texas Rules of Civil Procedure. These amendments are not limited to the well–publicized mandate for electronic filing. Lesser–known...more

Family Law: Corporate And Trust Challenges To Service Of Process And Jurisdiction

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s...more

Illinois Supreme Court Bars Action Against Deceased Defendant

On Friday morning, the Illinois Supreme Court pointed out a trap for the unwary in an unexpected place - what happens if a complaint is filed, but unbeknownst to the plaintiff, the defendant had died several months earlier?...more

Postage-Meter Mark May Rebut Date Listed in Certificate of Service

In this foreclosure case, the bank moved for reconsideration after trial. The certificate of service in the motion listed the last day (day 10) to serve the motion. The postage-meter, however, listed the following day (day...more

Antitrust and Competition Newsletter - October 2013

Top Story - Six Months Since Comcast: What Do Recent Decisions Mean For Antitrust Practitioners? Every antitrust lawyer should be familiar with the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133...more

Serving Process, User Harassment and Misappropriation of User Likenesses: A Review of Recent Cases Involving Facebook

Along with Google, no entity is more ubiquitous on the internet these days than Facebook. Expectedly, the social networking giant, which was recently valued at over 100 billion dollars, has found itself involved in a surfeit...more

Employment Law Commentary -- Volume 25, Issue 8 -- August 2013: Are You Being Served?

Are you being served? (A check list of steps for defendants in employment cases to take at the beginning of a lawsuit.) The purpose of this article is to provide a checklist of steps to take at the beginning of a state...more

Contracting around the Hague Convention on Service of Process

When negotiating contracts with international parties, counsel should consider how their clients would, if necessary, serve judicial documents on counterparties based outside of Canada. The Hague Convention on the Service...more

Change to Alberta Court Rules Eases Service Under Hague Convention

A new Alberta Court Rule seeks to avoid an unfortunate implication that courts have read into the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters. Effective July...more

Sued by Portfolio Recovery? Two Simple Steps To Winning Your Lawsuit

Portfolio Recovery files a lot of debt collection lawsuits here in Arizona. If you are reading this you are likely having the misfortune of being on the receiving end of one of their lawsuits. And if you are like most, your...more

Georgia Legislature Clarifies Service of Process Statute for Georgia Domestic and Foreign Corporations Doing Business in Georgia

On July 1, 2013, clarifying changes to Georgia’s Civil Practice Act went into effect regarding how a plaintiff can accomplish service of civil process against a Georgia corporation, as well as foreign corporations doing...more

Week Ending June 28, 2013

I. FLORIDA STATE CASES - STEFANIE LINCOLN - Foreclosure: an attorney may file a nonresident cost bond on behalf of a client without violating the prohibition against an attorney's acting as a surety for his client – US...more

Patent Office Litigation Update: IPR Discovery and Evidentiary PTAB Decisions [Video]

The Patent Trial and Appeal Board has published six representative decisions and orders that deal with discovery and evidentiary issues in inter partes review proceedings. In this video, Jon E. Wright, director at the...more

Federal Procedure Update - 2012

I. FEDERAL PROCEDURE - A. Overview of Article. The purpose of this article is to provide summaries and brief discussion of significant recent cases from the United States Supreme Court, the United States Circuit...more

Catch Me If You Can: How To Serve Foreign Defendants

You are sitting at your desk when your client calls to tell you that his or her customer breached an agreement. As you do your intake, you ask where the customer resides. You learn that the customer (potential defendant) has...more

Texas Leg 2013 Wrap-Up – Texas Does Not Take The Lead On Social Media Issues

Although the Governor called a special session extending the Texas Legislative session, the topics to be addressed are political ones and not the ones we have been tracking....more

Five-Day Extension For Mailing Applies To Deadline To File Timely Cost Bill

In Nevis Homes LLC v. CW Roofing Inc., 2013 DJDAR 6187(2013) the California Court of Appeal for the Second Appellate District decided a procedural issue pertaining filing a memorandum of costs. The court clarified the rules...more

Surprise! Where did this Judgment Come From?

Probably half a dozen times per week I meet with someone who has been notified that their next check is going to be a quite a bit lighter – wage garnishment. If you are living paycheck to paycheck finding out your wages are...more

U.S. International Trade Commission Publishes Rules of General Application and Adjudication and Enforcement Effective May 20, 2013

On April 19, 2013, the U.S. International Trade Commission (“Commission”) published final Rules of General Application and Adjudication and Enforcement (78 Fed. Reg. 23474-82), which become effective on May 20, 2013. The...more

Weekly Law Resume - April 19, 2013: It’s All In the Complaint: Triggering Equitable Indemnity Rights Against Public Entities

Centex Homes, et al. v. The Superior Court of San Diego County Court of Appeal, Fourth District (March 25, 2013) Government Code section 901 provides that a cause of action for equitable indemnity or partial...more

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