News & Analysis as of

Appeals Service of Process

Mayer Brown

UK Court of Appeal declines to modify diplomatic immunity rules, upholding immunity of the President of Mozambique

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In February 2024, the Court of Appeal of England & Wales upheld a September 2023 decision of the Commercial Court in The Republic of Mozambique v Credit Suisse International And Others (No.10), finding that: (1) the President...more

Jenner & Block

Illinois Civil Practice Guide - 2024 Edition

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I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A....more

Butler Snow LLP

Snap Back – Snap Removals Must Have Complete Diversity or Face Remand

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The Fifth Circuit Court of Appeals recently addressed so-called “Snap Removals” in the case of In re Levy, 52 F.4th 244, 245 (5th Cir. 2022). In Levy, the plaintiff, Calvin Levy, petitioned the Fifth Circuit for a writ of...more

Jenner & Block

Illinois Civil Practice Guide - 2022 Edition

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THE COVID-19 PANDEMIC’S IMPACT ON CIVIL PRACTICE The COVID-19 pandemic has had an enormous impact on civil litigation in Illinois. Since March 2020, the Governor of Illinois and Illinois courts of all levels have...more

McDermott Will & Emery

Discretion to Authorize Hague Alternative Service on Foreign Defendant—it’s All About Time and Cost

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The US Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus, directing the US District Court for the Western District of Texas to dismiss multiple infringement actions for insufficient service of...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

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SUM Endorsement In Commercial Automobile Policy Issued To LLC Deemed To Cover Its Sole Member As “Insured” Alan Tekel was struck by a vehicle.  After Tekel settled with the driver of the vehicle for the full limit of the...more

Fenwick & West LLP

Federal Circuit Rules Presence of Google Servers in District Insufficient to Establish Venue

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On February 13, 2020, the U.S. Court of Appeals for the Federal Circuit reversed the Eastern District of Texas’ ruling that venue was proper in In re Google, 2019-126, halting for now the line of precedent finding that...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - November 2019: Improper Service and "Shapeshifting" Arguments Doom Time-Bar Challenge

In Game and Tech Co. (“GAT”) v. Wargaming Grp. Ltd, the Federal Circuit shed some light on what qualifies as “service” for purposes of triggering the time-bar of 35 U.S.C. § 315(b). The Court also clarified the role that the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - November 2019

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Knobbe Martens

IPR Time Bar Dispute over Timing of Service of Complaint Torpedoed on Appeal

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GAME AND TECH. CO., LTD. v. WARGAMING GROUP LTD. Before Dyk, Plager, and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary: The Board, applying Fed. R. Civ. P. 4, must independently determine whether...more

Hudson Cook, LLP

After Oral Argument, High Court Seems Poised to Preserve FDCPA Status Quo

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In Rotkiske v. Klemm, the Supreme Court has the opportunity to do what many plaintiffs’ attorneys have dreamed of for years:  effectively expand the FDCPA’s one-year statute of limitations by applying the “discovery rule” to...more

Dechert LLP

Enforcement Against a Sovereign State: A Relaxation of the Rules of Service

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Sovereign States have, for a long time, enjoyed a degree of protection from the English courts under the State Immunity Act 1978. For example, absent a pre-agreed method of service such as on a service agent in England,...more

Farrell Fritz, P.C.

Time-Frames for Prosecuting an Article 78 Challenge May Be Shorter Than You Think

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In Rimler v. City of New York, 2019 N.Y. Slip Op. 03599 (2d Dept, May 8, 2019), which involved a challenge to the issuance of a negative declaration, the Appellate Division, Second Department, affirmed a judgment of the...more

Jaburg Wilk

Ninth Circuit Holds Removal Deadline Runs from Receipt of Complaint by Insurer Rather Than Insurer's "Statutorily Designated"...

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The Holding - In Anderson v. State Farm Mutual Automobile Insurance Co., 917 F.3d 1126 (9th Cir. 2019) (Wash.), the Ninth Circuit Court of Appeals held that the thirty-day removal deadline under 28 U.S.C. § 1446(b)(1) does...more

Wilson Sonsini Goodrich & Rosati

The PTAB Review - April 2019

Voluntary Dismissal, Real Party in Interest, and Privity—A Trap for the Unwary - An inter partes review is time barred, and may not be instituted, if a petitioner was served with a complaint alleging infringement of the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Republic of Sudan v. Harrison et al.

On March 26, 2019, the U.S. Supreme Court decided Republic of Sudan v. Harrison et al., No. 16-1094, holding that the Foreign Sovereign Immunities Act of 1976 (FSIA) requires a mailing to be sent directly to the foreign...more

Butler Weihmuller Katz Craig LLP

The Markovits Decision: Considerations And Implications

Recently, Florida’s First District Court of Appeal held that for purposes of determining the timeliness of a proposal for settlement, the complaint is considered served on the insurer when process is served upon the statutory...more

Butler Snow LLP

There’s no legal duty in Tennessee to facilitate service of process or even give contemporaneous notice of defective service...

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Old dogs can learn new tricks and maturing lawyers can learn something new in the law. In Koczera v. Steele, Case No. E2017-02056-COA-R3-CV, on August 20, 2018, the Tennessee Court of Appeals held that litigants...more

Hogan Lovells

Hogan Lovells: ITC Section 337 Quarterly Highlights

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The ITC Section 337 series provides updates on recent U.S. International Trade Commission (ITC) Section 337 investigations as well as other timely ITC developments that affect your business. ...more

Holland & Knight LLP

Texas Court: Service of Process for Civil Suits Must Occur Within Statute of Limitations - Or Plaintiff Must Demonstrate Diligence...

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• Under Section 16.003 of the Texas Civil Practice and Remedies Code, a plaintiff must "bring suit" on claims for, among other things, personal injury or wrongful death within a two-year statute of limitations. • In a...more

Allen Matkins

California Court Finds Russian Court's Service Comported With Due Process

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California adopted the 1962 Uniform Foreign Money-Judgments Recognition Act in 1967. The Act was intended to encourage the reciprocal recognition of United States judgments abroad by codifying rules as to foreign money...more

Parker Poe Adams & Bernstein LLP

Faulty Foreclosure Service Results in Lienholder Having to Pay Property Owner

When a lienholder starts a foreclosure, it usually is focused on getting money into its pocket. Yet a recent opinion from the North Carolina Court of Appeals (In re: Ackah – Sept. 5, 2017) should provide a warning to all...more

Proskauer - Minding Your Business

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

Foley & Lardner LLP

March 2016 Amendments to the Federal Circuit Rules of Practice

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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

McDermott Will & Emery

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

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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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