News & Analysis as of

Service of Process

Timing is Everything: The District of Massachusetts Clarifies Local Rule

Caffeinate Labs, Inc. filed patent infringement and other unfair business practices claims against defendants Vante, Inc. and Alex Shlaferman. One claim alleged infringement of a design patent. The defendants moved to dismiss...more

“Thinking Out Loud” About Copyright Infringement (Again)

by Brooks Pierce on

Ed Sheeran has had plenty of court troubles recently. After reportedly reaching a settlement over his song “Photograph” earlier this year, he was recently sued (a second time) for his song “Thinking Out Loud.”...more

Hide and Seek: Plaintiff Permitted to Subpoena Internet Service Provider to Identify Alleged Infringers

Recently, E.D.N.Y. Magistrate Judge Steven M. Gold ordered that a third-party subpoena may be served upon an internet service provider (“ISP”) to identify information about network users who allegedly infringed copyrighted...more

Supreme Court Clarifies When Service by Mail is Permitted under the Hague Convention

The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention” or “Convention”), was designed to simplify and standardize the service of legal documents...more

You Gotta Serve Somebody, But You Gotta Do So Correctly: Preserving Sanctions Motions

by Carlton Fields on

Emails can create many problems for litigants and their lawyers, but a recent appellate decision in Florida demonstrates yet another peril: proper service, and thus preservation, of demands for sanctions....more

Knock, Knock, Knocking on Menon’s Door

In a decision sure to have wide-ranging implications for cross-border discovery and governing privacy regimes, the Supreme Court recently held in Water Splash, Inc. v. Menon, that the Convention on the Service Abroad of...more

Judgments

by Dentons on

No duty to obtain best price reasonable in a forced sale – upheld by Court of Appeal - (1) Rosserlane Consultants Ltd (2) Swinbrook Developments Ltd v. Credit Suisse International [2017] EWCA Civ 91 - This was the...more

What can we learn from the first half of 2017?

by Dentons on

Court decisions - Whilst a number of cases in the first six months of 2017 dealt with issues of particular interest to litigators (e.g. LBI EHF v. Raiffeisen on default provisions and service by fax, BPE Solicitors v....more

Marshal Service for Arbitration Awards, Relic or Requirement?

So you’ve got an arbitration award, what next? In other types of civil cases, the Federal Rules of Civil Procedure (Rules) control service, and they have greatly reduced the role of U.S. Marshals in serving parties. See Fed....more

Sixth Circuit Holds That Court-Ordered Service by Publication Does Not Violate the FDCPA

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a lawsuit brought against Midland Funding, LLC (Midland), and its collection law firm under the Fair Debt Collection Practices Act (FDCPA)....more

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

The Continuing Rise of Chinese Investment in Latin America - Chinese investment and transactions in Latin America exceeded US$125 billion in the last decade, and China is expected to continue to be a key player in Latin...more

Disclaiming Proper Appointment With The Secretary Of State – “All You Have To Do Is Ask”

by Allen Matkins on

A lot of things in life may upset you. One these might be discovering that you have been improperly appointed as an agent for service of process, director or officer of a California corporation. Corporations Code Section...more

Supreme Court Makes a “Splash,” Upholds Hague Service by Mail, and Leaves Us Lost in Translation

by Wilson Elser on

A question that has divided state courts, federal district courts and the federal circuits regarding methods of service under the Hague Service Convention (Convention) was decided May 22, 2017, by the U.S. Supreme Court in...more

Supreme Court Holds That the Hague Service Convention Does Not Prohibit Service of Process Abroad by Mail

For nearly thirty years, federal and state appellate courts have been split on the issue of whether the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, November 15,...more

You've Got Mail: Supreme Court Holds Foreign Defendants May Be Served Via Certified Mail Under Hague Convention

by Pepper Hamilton LLP on

Starting a lawsuit against defendants outside the United States just got cheaper and easier. On May 22, the U.S. Supreme Court settled a dispute as to whether the Hague Convention on the Service Abroad of Judicial and...more

SCOTUS Approves International Service of Process By Mail

by Dechert LLP on

The U.S. Supreme Court rendered an 8-0 decision in Water Splash, Inc. v. Menon, on May 22, 2017, confirming that service of a complaint and summons by mail is not precluded by the Hague Service Convention (the “Convention”)....more

Dear Bankruptcy Defendant, U.S. Mail Service Is Valid

by Fox Rothschild LLP on

“You have been served” – the famous phrase uttered by process servers everywhere, may never be heard by a bankruptcy defendant. Why? Well, Bankruptcy Rule 7004 bestows the rare privilege of nationwide service of...more

Water Splash Reveals a Glaring Omission in Wisconsin's Service-of-Process Rules, Which Ought To Be Fixed

by Foley & Lardner LLP on

This week's unanimous U.S. Supreme Court decision in Water Splash, Inc. v. Menon, 581 U.S. ___, No. 16-254, points out a glaring omission in Wisconsin’s service-of-process rules that ought to be fixed, so that Wisconsin...more

You've Got Mail: Supreme Court Clarifies Procedures for Service of Process Abroad

by White & Case LLP on

The US Supreme Court has confirmed that US litigation may be commenced against foreign parties by sending documents through the mail, provided that certain conditions are met. In Water Splash, Inc. v. Menon, No. 16-254 (May...more

The Hague Service Convention Does Not Prohibit Service of Process by Mail

The Supreme Court held in Water Splash, Inc. v. Menon, No. 16–254 (May 22, 2017), that the Hague Service Convention allows service of process by mail under Article 10(a), when two conditions are met: first, the receiving...more

Supreme Court Clarifies Rules on International Service by Mail

by Genova Burns LLC on

Resolving an issue that has divided state courts and the federal circuit courts, the U.S. Supreme Court ruled today in Walter Splash, Inc. v. Menon, No. 16-254, that the Hague Convention on the Service Abroad of Judicial and...more

Supreme Court Decides Water Splash, Inc. v. Menon

by Faegre Baker Daniels on

On May 22, 2017, the Supreme Court decided Water Splash, Inc. v. Menon, No. 16-254. The Court held that the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (Hague...more

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

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