News & Analysis as of

Service of Process Jurisdiction

Maynard Nexsen

Alabama Supreme Court Alert - May 2025

Maynard Nexsen on

The Alabama Supreme Court issued its weekly release list on Friday, May 9. The opinions of interest to the Alabama business community include the following...more

Freeman Law

Can Texas Plaintiffs Serve Process on the Home-State Registered Agents of Out-of-State Defendants?

Freeman Law on

An analysis of Lawton Candle v. BG Personnel LP and Texas Rule of Civil Procedure 108. In a recent case, Lawton Candle v. BG Personnel LP, the Dallas Court of Appeals overturned a default judgment against an Oklahoma LLC...more

Tyson & Mendes LLP

Civil Procedure Updates to Know in New York for 2025

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In 2025, get ready for a whirlwind of updates across the state. From personal jurisdiction to discovery and beyond, some recent cases are shifting the landscape in New York. Read below to find out what happened and learn the...more

Fox Rothschild LLP

Ace is the Place for Many Things, but not Always for Proper Rule 4 Service

Fox Rothschild LLP on

Ace Hardware was long advertised as “the place with the helpful hardware man,” but even well-stocked aisles of tools and DIY accessories have their limitations. In Pro-Tops, Inc. v. Yuriy Maksimenko, 2025 NCBC 4, it turned...more

IR Global

Service of Process in the Cayman Islands

IR Global on

Legal processes involving foreign entities in the Cayman Islands are governed by the civil procedure rules of the jurisdiction where the claim was filed. We strongly recommend that clients familiarize themselves with the...more

Carlton Fields

Florida Appeals Court Decisions: Week of October 28-November 1, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Schleider v. GVDB Operations - removal, remand, federal officer - USA v. Lightsey - sentencing, ACCA - Romano v. John Hancock - foreign tax credits, ERISA - Davis v. Ala...more

Freiberger Haber LLP

Problems Related to “Short” Return Dates on Notices of Motion for Summary Judgment in Lieu of Complaint Pursuant to CPLR 3213

Freiberger Haber LLP on

CPLR 3213, which is a procedural device permitting a plaintiff, under certain circumstances, to obtain summary relief at the very beginning of a lawsuit, provides, in pertinent part: When an action is based upon an...more

BCLP

Courts at the Forefront of Innovation - Creating New Options for Service and Enforcement in Digital Asset Fraud Cases

BCLP on

Financial fraud is one of the most corrosive forms of corruption. Digital assets, and particularly cryptocurrency, are a ripe target for fraud. Frauds involving digital assets have grown significantly in recent years....more

BCLP

Courts at the Forefront of Innovation - US and UK Approaches to Service and Enforcement in Digital Asset Fraud Cases

BCLP on

Fraud involving digital assets, specifically cryptocurrency, is rapidly increasing on both sides of the Atlantic. In the UK, the value of reported crypto-fraud increased 41% between 2022/2023 reaching a record £306m, whilst...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Court Issues a Decision Extending Time for Service and Permitting Alternative Service Methods to Foreign...

On July 17, 2023, Justice Reed of the New York County Commercial Division issued a decision extending the time for service and permitting the Plaintiff in Zantaz Enter. Archive Solution, LLC v. Adecco IT Servs., Inc., Index...more

Latham & Watkins LLP

China Amends Foreign-Related Civil Procedure Rules

Latham & Watkins LLP on

On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments...more

Roetzel & Andress

Recent Changes to the Ohio Rules Address Remote Attendance, Discovery Disputes, and Service of Process

Roetzel & Andress on

The following highlights several of the changes to the Ohio Rules of Civil Procedure that went into effect on July 1, 2023. The changes impact, among other things, physical and remote appearance, the rules governing...more

Latham & Watkins LLP

UK Court: Procedural Failures Not Fatal to Service Out of Jurisdiction

Latham & Watkins LLP on

Procedural omissions for service out of the jurisdiction will not impact issuance of a claim for the purposes of limitation. In Chelfat v. Hutchinson 3G UK Limited [2022] EWCA Civ 455, the UK Court of Appeal recently...more

Cadwalader, Wickersham & Taft LLP

Recent Amendments to English Civil Procedure Help Simplify the Issuance of Contractual Claims Against Foreign Defendants—Service...

On 6 April 2021, an amendment was introduced to the Civil Procedure Rules 1998 (S.I. 1998/3132) (the “CPR”) at Part 6 concerning service out of the jurisdiction. The change is of interest where at least one or more...more

Troutman Pepper Locke

Winning the Removal Race: District Courts Put Limits on 'Snap Removal'

Troutman Pepper Locke on

In two recent decisions — Brown v. Teva Pharmaceuticals and Doe v. Valley Forge Military Academy & College — courts in the Eastern District of Pennsylvania put limits on the use of so-called “snap removal,” a strategy...more

Skadden, Arps, Slate, Meagher & Flom LLP

Drafting International Dispute Resolution Clauses

On December 5, 2018, Skadden hosted the webinar “Drafting International Dispute Resolution Clauses.” Topics included the importance of dispute resolution clauses, choosing between litigation and arbitration, drafting...more

Allen Matkins

Court Rules Registration To Transact Intrastate Business Does Not Establish General Jurisdiction

Allen Matkins on

A foreign corporation registering with the California Secretary of State to transact intrastate business must, among other things, designate an agent for service of process in California. Does this amenability to service...more

Latham & Watkins LLP

Parties Must Take Care to Avoid Risk of Defective Service in Arbitration

Latham & Watkins LLP on

Two recent English court decisions provide useful reminders that parties to arbitration agreements must take care to properly serve arbitration proceedings on the other party. In doing so, parties will avoid the risk of the...more

Carlton Fields

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

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

Latham & Watkins LLP

Avoiding Defective Service in Arbitration

Latham & Watkins LLP on

A recent High Court decision provides a timely reminder that parties to an arbitration agreement must take care to ensure that arbitration proceedings are properly served to avoid an award being set aside or refused...more

Dorsey & Whitney LLP

UK Litigation in a Post Brexit World

Dorsey & Whitney LLP on

As in so many other areas, the effect of the decision to leave the European Union in the referendum on 23 June 2016 on litigation in England and Wales in still highly uncertain. There are a number of issues that the UK...more

Morrison & Foerster LLP

Brexit: Service - Implications for Contracting Parties and Disputes

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

Latham & Watkins LLP

Please Shut the Gate: High Court Decision on Important Jurisdictional Gateway

Latham & Watkins LLP on

The English Civil Procedure Rules specify a number of “jurisdictional gateways” by which a foreign defendant may be brought within the jurisdiction of the English courts under the so-called common law rules. Amongst these is...more

Latham & Watkins LLP

Change to Rules of Service Out of the United Kingdom Following the Recast Brussels Regulation

Latham & Watkins LLP on

Introduction - Regulation 44/2001 (the “Original Brussels Regulation”), which aimed to harmonise the approach to jurisdiction and the recognition and enforcement of judgments across European Union Member States’...more

Carlton Fields

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

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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

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