Yet another one popped up on the old radar (Google news alerts) yesterday… a National Law Review article highlighted Victaulic Company v. Allied Rubber & Gasket Co., Inc. in S.D. Cal., but the author’s conclusion was far too optimistic for plaintiffs seeking a
One immutable truth looms over everything I do: if you can’t tell me where your defendant is, I can’t get him served
(Updated September 12, 2020: see here for the revised way to serve in Austria.)
News dropped last week that Austria has, at long last, ratified the Hague Service Convention, which will enter into force on September 12. Its declarations are yet to be posted to the very excellent HCCH website (they are on the
For
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
For most lawyers human beings, it’s been a goofy three months (we’re now well into the Covid-19 pandemic). Amid the quarantine, I’ve been incredibly fortunate to see my firm’s workload go up, but millions of my fellow Americans, including a whole bunch of lawyers, have seen
In a single day last week, Week Ten of America’s Covid-19 quarantine, I fielded essentially the same oddly segmented inquiry from three different lawyers across the country. A rather disconcerting inquiry, to say the least.
“Hey, Aaron. I’ve got an overseas defendant to serve. I’ve talked to some process servers who tell me that you
Every once in a while, a colleague will call me with a story similar to this one:
“A client just walked into my office three days ago with what looks to be a rock-solid case. We can establish duty, breach, causation, and damages*
Civil defendants in federal court are obliged to waive service. All of them, with the notable exception of various governments. I give you Rule 4(d)(1):
An individual, corporation, or association that is subject to service under Rule 4(e), (f)
