News & Analysis as of

Service of Process

Ropers Majeski

Catastrophe Avoided—But Perils Remain: The Real Impact of the Amended AVOID Act

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8 Recently, we wrote about new legislation in New York known as the AVOID Act. At the time, the statute—as originally enacted—promised sweeping and rigid changes to third-party practice, particularly in New York Labor Law...more

Fox Rothschild LLP

Federal Court Approves Email and Website Service on Foreign Defendant

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When a court denies a motion for alternative service on a foreign defendant, the answer is not to give up but to come back with better facts. And when building that factual record, few things are more persuasive than showing...more

Bressler, Amery & Ross, P.C.

Bressler’s Quarterly Federal Interpleader Law Update – 1Q 2026

A few interesting notes from the Bressler team on federal court interpleader rulings in the first three months of 2026. Garretson Resol. Grp., Inc. v. Bolla, No. 25-cv-02836-AMO, 2026 U.S. Dist. LEXIS 14164 (N.D. Cal. Jan....more

Kilpatrick

Recent Decisions Clarifying Restrictions For Service of Process Under the Hague Convention

Kilpatrick on

In Smart Study C. Ltd, v. Shenzhenshixindajixieyouxiangongsi, 164 F. 4th 164 (2d Cir. 2025), the Second Circuit affirmed the dismissal of trademark infringement claims against China-based defendants, holding that service by...more

Jones Day

Second Circuit Confirms Hague Service Convention Bars Email Service on Signatories, Affecting Strategic Decision Whether to Waive...

Jones Day on

A recent Second Circuit decision brings some clarity to a contested area of law, establishing that the Hague Service Convention (the "Convention") creates an exclusive framework for service of process in signatory countries,...more

Jones Day

Bankruptcy in Brief: U.S. Supreme Court Rules that Requests to Set Aside Void Judgments Must Be Made Within a "Reasonable Time"

Jones Day on

Rule 60(a) of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") provides that a federal court can, on the request of a litigant or its own initiative, correct clerical mistakes or mistakes arising from oversight or...more

Farrell Fritz, P.C.

Patiently Waiting for Proper Service: Commercial Division’s Latest Word on Service and Default Judgment Practice

Farrell Fritz, P.C. on

When seeking a default judgment, parties often assume that an unanswered complaint puts them in the driver’s seat for a quick and early victory. But as practitioners in the Commercial Division are well aware, courts retain...more

Womble Bond Dickinson

Important Changes in CNIPA Service Practice for Madrid Designations - March 2026

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The Chinese National Intellectual Property Administration (CNIPA) has stopped copying local Chinese trademark agents on notifications for international trademarks designating China through the Madrid System....more

Farrell Fritz, P.C.

New York Trusts and Estates Legislative Developments of Which to be Aware in 2026 and Beyond

Farrell Fritz, P.C. on

Last year, the New York Legislature (the “Legislature”) enacted, and Governor Kathy Hochul signed, into law several pieces of legislation that are likely to significantly impact trusts and estates practice in 2026 and...more

Burr & Forman

U.S. EPA Proposes Revisions to Citizen Suit Notice Regulations

Burr & Forman on

On February 24, 2026, the U.S. Environmental Protection Agency ("EPA") proposed new rules that would revise the procedural requirements for service of Notices of Intent to file citizen suits ("NOIs") on EPA under several...more

Hudnell Law Group

Seventh Circuit Poised to Rule on Alternative Service by Email on Chinese “Schedule A” Defendants (Maybe)

Hudnell Law Group on

On February 25, 2026, a panel of the Seventh Circuit held oral argument in the case of Kangol LLC v. Hangzhou Chuanyue Silk Import & Export Co., Ltd., No. 25-2205. The appeal arises out of an unsuccessful attempt to void a...more

Marshall Dennehey

Superior Court Vacates Termination of Premises Liability Case: Lack of Proper Notice Under Rules 230.2 and 236

Marshall Dennehey on

Eisnhart v. Wellspan Health, 346 A.3d 779 (Pa. Super. 2025) - The plaintiff filed a premises liability action against a hospital which was commenced by a writ of summons....more

BCLP

Service Out: Alternative Methods, 'technical Games' and Exceptional Circumstances

BCLP on

The High Court in Khanna v Khanna [2025] EWHC 3278 (Ch) dismissed the First Defendant’s application to set aside an order for service by alternative means (i.e., email) in India (the “Order”) and his application for...more

Davis Wright Tremaine LLP

Washington Supreme Court Emphasizes Strict Compliance with LUPA Service Requirements

Most challenges to local land use decisions in Washington must be brought under the Land Use Petition Act (LUPA), RCW chapter 36.70C. LUPA governs appeals of permit denials, preliminary plat approvals, variances, conditional...more

Morris James LLP

Court of Chancery Defers Ruling in Section 18-110 Action Due to Failure to Give Notice of Suit to a Claimant to Office

Morris James LLP on

HREF Senior Worthington LLCv. Conroe WM LLC, C.A. No. 2024-1148-MTZ (Del. Ch. Oct. 2, 2025) - While “very close” to issuing its opinion in this action brought under 6 Del. C. § 18-110, the Court became aware that the...more

Holland & Knight LLP

New York's AVOID Act Imposes Strict Deadlines on Third-Party Practice

Holland & Knight LLP on

New York Gov. Kathy Hochul signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act into law on December 19, 2025, fundamentally changing how third-party practice operates in New York state. The law takes...more

Tucker Arensberg, P.C.

What Should I Do If I’ve Been Sued in Pennsylvania?

Tucker Arensberg, P.C. on

Served with a lawsuit in Pennsylvania? Learn what to do first, what mistakes to avoid, and how to protect yourself in the early stages of litigation....more

Fox Rothschild LLP

Supreme Court Puts a Clock on Attacking “Void” Judgments

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The U.S. Supreme Court has clarified that there is a time limit—specifically, a “reasonable time” under Rule 60(c)(1)—for filing motions to set aside judgments as “void” under Rule 60(b)(4), even where the alleged voidness...more

Harris Beach Murtha

Second Department Resolves CPLR § 205(a) Six-Month Grace Period

Harris Beach Murtha on

In a recent decision, HSBC Bank USA, N.A. v. Hillaire, No. 2024-02731 (Jan. 28, 2026), New York’s Appellate Division, Second Department, addressed the date an action “terminates” for purposes of the six-month grace period on...more

Morrison & Foerster LLP

Second Circuit Holds That the Hague Service Convention Prohibits Email Service on Mainland China-Based Defendants

In Smart Study Co., Ltd v. Shenzhenshixindajixieyouxiangongsi, — F.4th —, No. 24-313 (2d Cir. Dec. 18, 2025), the United States Court of Appeals for the Second Circuit addressed a question of first impression at the federal...more

Butler Snow LLP

The New USPS Guidance Every Lawyer Should Be Aware Of

Butler Snow LLP on

Most lawyers learn about the “mailbox rule” in their first-year contracts course. And whether a lawyer’s practice is focused on litigation or transactions, lawyers frequently face deadlines that can be met based on when an...more

Miller Canfield

'Void' Judgments Are Not Void After All

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Supreme Court decisions regarding bankruptcy cases usually affect only bankruptcy litigation, but the recent decision in Coney Island Auto Parts Unlimited, Inc. vs. Burton alters the landscape for all federal litigation. ...more

Offit Kurman

“Void” Doesn’t Mean “Whenever You Get Around to It”

Offit Kurman on

The Supreme Court has opened the new year with a decision that should convince every company that ignoring a payment demand is a mistake. In Coney Island Auto Parts Unlimited, Inc. v. Burton, the Court resolved a...more

Freeman Mathis & Gary

Rule 60(b)(4): Not a Get-Out-of-Time-Free card. Supreme Court closes the door on “void anytime” motions.

Freeman Mathis & Gary on

In Coney Island Auto Parts Unlimited, Inc. v. Burton (Chapter 7 Trustee for Vista-Pro Automotive, LLC), the Supreme Court addressed whether Rule 60(c)(1)’s “reasonable time” requirement applies to a motion seeking to set...more

Carlton Fields

Florida Appeals Court Decisions Week of January 19 - 23, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Jones - rehearing, drug trafficking, evidence, closing arguments, misconduct, Miranda - Renco v. Napoli Shkolnik - § 1782 discovery, protective order, foreign activities...more

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