I’m not a fan of arbitration, as a general rule—especially in consumer contracts.* That said, arbitration is far superior to litigation in many situations, and for many reasons.
In tort, not a good idea. Certainly not an appropriate venue for a family law dispute. And consumer contracts? Just… no. Only the vendor benefits.* But
You’ve served the complaint on all of your defendants, they’ve entered their appearances, and everybody is girded up for battle. Discovery commences. In one of your depositions, you learn that one of the defendants was somehow selling a knock-off of your client’s product through a German distributor, and you are convinced that somewhere in that
You’ve served the complaint on all of your defendants, they’ve entered their appearances, and everybody is girded up for battle. Discovery commences. In one of your depositions, you learn that one of the defendants was somehow involved in a business arrangement with a French entity, and you are convinced that somewhere in that company’s vast
Here is yet another post in our “How to Avoid Having to Hire Us” series. Depending on your perspective, though, it could be viewed as “How to Recover the Fees You Pay Us” instead.
Frankly, I prefer the latter. In this installment, we explore how to get the defendant to waive service or, looking at
This can most fairly be categorized under “how to not have to hire Viking Advocates”, but here’s a great practice tip:
If a cooperative defendant is outside the United States, don’t have them accept service. Instead, have them waive service.
I’ll grant you, this is a distinction that only a lawyer could love, but it
U.S. Marshals Form 94, the much-feared Hague Service Request. It’s just a form to fill out, not unlike a tax return simpler to complete than a Letter Rogatory.
This is the proper form for Article 5 of the Hague Service Convention, so if that isn’t your treaty, move along, because these aren’t the droids you’re looking for.
Continue Reading How to Complete a Form USM-94 Hague Service Request (2024 update)
It certainly wasn’t a slow weekend in global politics. New Zealand’s exceedingly popular Prime Minister announced his retirement, Austria’s voters barely shunned a return to power by the hard right, and Italians rebuffed an arguably critical spate of constitutional reforms, prompting the resignation of their own popular PM. So, what to make of these stories
My parents divorced around the time I finished high school.* The court ordered Dad to provide support to Mom for both me and my sister as long as we were full time students, even in college. I finished my bachelor’s degree about the same time my sister finished high school, and the old man decided
The time limit governing service of process for federal civil actions is found in Rule 4(m).
The gist: get the summons served in 90 days or you’re out, counsel.
But the 90-day deadline only applies if the defendant is in the United States. Outside the U.S., you’re under a reasonable diligence standard, and
[Author’s note: this series distills the Convention as it applies to practitioners in the United States—it is not a definitive analysis of the treaty in a broader sense. Call it a primer, if you will. Parts One and Two focus on the treaty’s main operative articles, Part Three provides background, and Part Four, which follows
