Every once in a while, when a colleague is stymied by limitations to serving an offshore defendant, the thought comes to mind that “hey, I might try to get leave of court to serve the defendant’s U.S. counsel.” It’s a great idea, and if the judge signs off on it, I don’t see how it could be unreasonable under the Mullane standard. Getting to that point, though, is often done in an entirely wrong way: using FRCP Rule 4(f)(3) as a basis for the motion.
Why is that entirely wrong? Because 4(f)(3) doesn’t apply if service doesn’t take place abroad.
Continue Reading Service on U.S. counsel doesn’t arise from Rule 4(f)(3)