How this concept turned into a series, I don’t know, but today we offer yet another description of the need to amend the standard language in a summons.
See my priors:
This time, we’re talking about good old
Chinese Companies and the FSIA
Big in the news of late: Huawei and the Trump Administration’s ban.
- From CNN: US bans Huawei from selling telecom gear and threatens its supply chain
- CNN again: With a stroke of his pen, Trump worsens Europe’s Huawei dilemma
- CNBC: China says any further action against companies like Huawei could escalate tensions
- The Independent: Trump declares national emergency ‘over Huawei’ amid accusations he is risking ‘devastating’ conflict with Iran
- And a cautionary view from the folks at Bloomberg: Trump Hands Huawei a Stick to Beat the U.S. With
SCOTUS solidifies FSIA service logic
Last fall, I posted “FSIA Service… it’s really not that difficult” following several very poorly titled articles describing the Trump Administration’s support of a foreign government’s argument in a sovereign immunity case. Sudan had asserted that service on its Embassy in Washington was not appropriate under the Foreign Sovereign Immunities Act, and the Department of Justice weighed in on Sudan’s side. The outrage from both left and right irked the hell out of me. But the knee-jerk, non-lawyer reaction from the left– my own people, for crying out loud– really set my teeth on edge. Yesterday, logic won.
FSIA Service… it’s really not that difficult.
Anybody who knows me well… knows my political leanings. They’re no secret, but they’re usually immaterial to this blog so I leave them out of commentary almost entirely. Full disclosure–
Dropping docs on a desk at the Consulate… not effective, counsel.
Here we go again. Every few weeks, somewhere in these 50 states, a case gets dismissed for lack of proper service on a foreign sovereign (or foreign state instrumentality). There’s not a single rule, statute, or customary practice that ought to tell a plaintiff that
How to Serve Process Under the Foreign Sovereign Immunities Act
Your defendant is a foreign government. Or a foreign government