News & Analysis as of

Service of Process Personal Jurisdiction

Freiberger Haber LLP

Renewal Judgments Under CPLR 5014 in the Face of Defective Service of Process

Freiberger Haber LLP on

By Jonathan H. Freiberger Today’s article relates to renewal judgments under CPLR 5014 in the face of potentially defective service of process. This BLOG has previously addressed CPLR 5014...more

Freiberger Haber LLP

It’s Settled!!  The Second Department Holds that Length Does Matter

Freiberger Haber LLP on

Most often a lawsuit begins with the filing of a summons and complaint or summons with notice. CPLR 304. Once the lawsuit is commenced, the plaintiff is required to serve the defendant(s) with process – the event by which...more

Rosenberg Martin Greenberg LLP

U.S. Supreme Court: Requiring Corporations to Consent to Jurisdiction As A Condition To Qualifying to Do Business In A State Does...

The June 27, 2023 decision of the United States Supreme Court in Mallory v. Norfolk Southern Railway Co. demonstrates that the Justices of the Court, as currently constituted, have difficulty reaching consensus even on issues...more

International Lawyers Network

Can Trademark Applications and Administrative Proceedings Subject a Foreign Applicant to Service or Jurisdiction in Court...

Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. Can this act of filing subject the foreign applicant to service of process...more

Nelson Mullins Riley & Scarborough LLP

The Not-So-Automatic Stay for Foreign Assets and Creditors

When a debtor files for bankruptcy, it’s axiomatic that all creditors, wherever located, must immediately cease their efforts to collect on debts owed to them by that debtor, right? Not necessarily so, says the United States...more

White and Williams LLP

Where Can Your Company Be Sued? A 2022 Update on All Things Personal Jurisdiction

In 2021, thanks to the seventh “personal jurisdiction” opinion decided by the U.S. Supreme Court in just over a decade, as well as some state-based legal developments, we now have firm guidelines about where all types of...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

Carlton Fields

“This Is Florida’s Problem. Not Texas’s.” Fifth Circuit’s Decision on Personal Jurisdiction Includes Two Cautionary Reminders

Carlton Fields on

On October 2, 2020, the U.S. Court of Appeals for the Fifth Circuit confronted the question whether a federal district court in Texas had jurisdiction to vacate an arbitration award in Florida. The district court answered...more

Farrell Fritz, P.C.

Court Has Mercy, Allows Untimely Proof of Service

Farrell Fritz, P.C. on

In law, as in life, mistakes happen. Some are irreparable: Statute of repose expired? Too much denim? In these circumstances, the law affords the court no discretion for mercy....more

Polsinelli

Illinois Supreme Court Fundamentally Limits the Ability to Sue Non-Illinois Corporations

Polsinelli on

Following recent precedent from the U.S. Supreme Court, the Illinois Supreme Court limited the circumstances in which a non-resident corporate defendant can be subject to suit in Illinois on claims with no connection to the...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

Carlton Fields

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

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

Proskauer - Employee Benefits & Executive...

Plan Administrator’s ERISA Declaratory Judgment Action Dismissed for Lack of Jurisdiction

After a top-hat plan and pension plan denied a participant’s claims and appeals for additional benefits, the plan administrators preemptively filed a declaratory judgment action, seeking a declaration that: (i) termination of...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

Carlton Fields

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

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

Proskauer - New England IP Blog

Pre-Litigation Correspondence Does Not Secure Personal Jurisdiction

Plaintiffs considering bringing suit in the District of Connecticut take heed: “Plaintiffs cannot vest a Connecticut court with personal jurisdiction over a person simply by hurling an accusation of patent infringement across...more

Carlton Fields

Family Law: Corporate And Trust Challenges To Service Of Process And Jurisdiction

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...more

Jackson Walker

Federal Procedure Update - 2012

Jackson Walker on

I. FEDERAL PROCEDURE - A. Overview of Article. The purpose of this article is to provide summaries and brief discussion of significant recent cases from the United States Supreme Court, the United States Circuit...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide