News & Analysis as of

Service of Process

Presenting Creditor Claims Against Estates After Ohio Supreme Court’sDecision in Wilson v. Lawrence

by Reminger Co., LPA on

The Ohio Supreme Court provided more guidance regarding how creditors present their claims against estates with its ruling in Wilson v. Lawrence, Case Nos. 2015-2081, 2016-0180, 2017-Ohio-1410....more

FINRA Office of Dispute Resolution Party Portal Now Required

by Rumberger Kirk & Caldwell on

Amendments to the Financial Industry Regulatory Authority, Inc.'s ("FINRA's") Customer and Industry Codes of Arbitration Procedure require that all parties (except for pro se customers) to FINRA arbitrations must use the...more

Copyright Plaintiff Allowed to Subpoena ISP to Discover Defendant’s Name

A recent decision from the District of Connecticut is part of a series of copyright cases where a plaintiff, unable to identify the accused infringer except by the Internet Protocol (or “IP) address used at the time of the...more

This Foreign Corporation’s Status May Be Forfeited, But The Resident Agent Remains

by Allen Matkins on

A recent ruling by U.S. District Court Judge Otis D. Wright II illustrates how it may be easier to enter California than to leave it. Real v. St. Jude Med., Inc., 2017 U.S. Dist. LEXIS 47081 (C.D. Cal. Mar. 29, 2017)...more

NJ State Court Authorizes Facebook as an Alternate Means of Service

Service through social media has come to New Jersey. The Morris County Chancery Court, in a first-of-its-kind case in New Jersey, held that Facebook is a reasonable alternate means of service, and an acceptable sole means of...more

USBs an unreliable medium for service under Security of Payment Act

by Dentons on

In Parkview Constructions Pty Limited v Total Lifestyle Windows Pty Ltd, the Supreme Court of NSW recently found that the delivery of copy of an adjudication application under the Building and Construction Industry Security...more

Sharply Divided Supreme Court Declines to Establish a Bright-Line Rule on Non-Lawyers Representing Corporations in Administrative...

by Sedgwick LLP on

A non-lawyer with no apparent formal connection to a corporation is the sole representative of the corporation at an administrative proceeding. When the decision comes down, it’s never properly served on the corporation. Is...more

A Challenge to Hague Service by Mail Is Now Before the SCOTUS…Finally

by Wilson Elser on

In Water Splash v. Menon, case number 16-254 before the U.S. Supreme Court, a long-standing and deep split of authority on a basic question involving international service of process has finally reached the high court. This...more

Serving contractual notices: wrong method, right result

by White & Case LLP on

Contracts usually stipulate for specific requirements that need to be carefully followed in serving contractual notices, failing which serious issues may arise. Two recent cases highlight the courts' approach to notice...more

Petition To Vacate Arbitration Award Served By Email Did Not Constitute Service Under FED. R. CIV. P. 5

by Carlton Fields on

The Second Circuit has affirmed a decision finding email insufficient for service, absent consent to such method. In the underlying district court, the Petitioner emailed a copy of his petition to one of Respondent, Deutsche...more

Federal Appellate Rule Changes

by Jaburg Wilk on

The amendments to the Federal Rules of Appellate Procedure, effective December 1, 2016, arise, for the most part, out of changes in technology. Some of the amendments refine prior Rules that, while taking into account...more

Service of Process on Foreign Defendants

by Fish & Richardson on

The Supreme Court has agreed to review whether service of process by mail on foreign defendants is permissible or whether service through diplomatic channels is necessary. While the case that raised this issue is from a state...more

US Supreme Court to Decide Whether Foreign Defendants May Be Served by Mail

The U.S. Supreme Court has decided to review a key issue concerning service abroad of process on foreign defendants — namely, whether foreign defendants may be served by mail. The case, Menon v. Water Splash, Inc., marks the...more

3-Day-Rule Eliminated for E-Service and Other E-Filing Rules Amendments

The New Year brought with it many new rule changes for federal and California courts, including in the area of electronic service and filing. A few key rules regarding requirements for electronic paperwork and service are...more

Unlawful Arrest Case Dismissed

Jones, Skelton & Hochuli attorneys Michele Molinario and Amelia Esber successfully moved for a dismissal in an unlawful arrest case against an Arizona County, and various County law enforcement officers. Prior to filing...more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

by Carlton Fields on

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 control,...more

Receiver to Enforce a Judgement: Who Should be Served

by Ervin Cohen & Jessup LLP on

QUESTION: I have been appointed receiver to enforce a judgment. I filed a motion in the case which I served on counsel for the plaintiff (the judgment creditor) and counsel for the defendant (the judgment debtor)....more

USPTO's New Trademark Trial and Appeal Board Rules Take Effect Soon

Next month, the procedural rules governing trademark registration disputes are changing. They present new strategic considerations for brand owners protecting their trademark rights. The Trademark Trial and Appeal Board...more

The Supreme Court - December, 2016

by Dorsey & Whitney LLP on

The Supreme Court of the United States granted certiorari in seven cases on Friday afternoon: Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189: 1) Whether a "conditional sale" that transfers title to...more

New Year, New Rules: What to Know About the January 2017 TTAB Rule Updates

After a lengthy proposal and commentary process, the Trademark Trial and Appeal Board ("TTAB" or the "Board") recently published its most significant Rules of Practice update in years (see 81 Fed. Reg. 69950), with the...more

New York Appellate Courts Now Unified on Hague’s “Send versus Serve” Issue

by Wilson Elser on

New York’s appellate departments are now unified with respect to their interpretation of Article 10(a) of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters...more

Faster, Cheaper Designation of Agents to Accept DMCA Take-Down Notices

A message in a bottle tossed into the sea stands little chance of reaching its intended recipient anytime soon. A notice, to be effective, must be delivered to someone somewhere as expeditiously as possible. What if that...more

Real Property & Title Insurance Update: Weeks Ending October 21 & 28, 2016

by Carlton Fields on

REAL PROPERTY UPDATE: Condominium: allocation of square footage within the declaration controls where there is lack of clarity in both the perimetrical boundaries definition and the diagram of the lobby area in question...more

Nevada case a reminder to foreign entities: Protect your due process rights when served

by Thompson Coburn LLP on

Foreign companies frequently face lawsuits filed by U.S.-based plaintiffs. The service of the initial lawsuit on a foreign company is a process that has come under greater scrutiny in recent years in order to ensure...more

Does An Emailed Copy of a Complaint Start the 30-Day Removal Clock?

In today’s litigation practice, a defendant often receives a copy of a filed complaint before it is formally served with the pleading. Sometimes, plaintiff’s counsel emails a copy to the defendant’s counsel after filing. If...more

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