Many of us have a certain image of Australia pressed into our minds because of Hollywood.  It’s either Crocodile Dundee or The Crocodile Hunter or… hang on, is there just something about crocodile guys with Down Under accents that make Americans part willingly with cash?  There’s so much more to this curious country continent that

Brandenburg Gate, Ondřej Žváček via Wikimedia Commons.
Brandenburg Gate, Ondřej Žváček via Wikimedia Commons.

An interesting Catch-22 sometimes faces U.S. lawyers when they try to serve a complaint with punitive damages on a German defendant.  Germany’s public policy disdains punitive damages– indeed, until recently (that is, until the last couple of decades), they didn’t even conceptualize punitives in

I hate to be the guy who breaks this to you, I said to the client, but there is no chance that you’ll be able to get that notice of hearing served in time.  Not properly, anyway.

Poor fellow was a first-year associate, trying to get a notice of a guardianship hearing served on an

Iowa State House, Stephen Matthew Milligan, via Wikimedia Commons.
Iowa State House, Stephen Matthew Milligan, via Wikimedia Commons.

[Update, 2022:  For a more academic view of this issue, see William S. Dodge, Substituted Service and the Hague Service Convention, 63 Wm. & Mary L. Rev. 1485 (2022).]

Two weeks ago, I posted that you can’t simply serve a U.S. subsidiary of a foreign company & get the parent on the hook in a lawsuit.  For such an idea to work, your state’s public policy has to disregard the corporate veil.  Only one state has done so– and under very limited circumstances.  [That was Illinois, where they did it by statute– that I know of– and where the idea only pertains to Illinois subsidiaries.  That’s how we got Schlunk, the seminal case in Hague Service Convention jurisprudence.  No other state does it, that I know of.]

Another misconception seems to pop up from time to time: the thought that you can serve a foreign* corporation by delivery to the Secretary of State wherever the case is being heard because the Secretary is a statutory agent.  Sorry, but it just ain’t so.  When you do serve via the SoS, ask yourself, “what do they do with it?”Continue Reading You Can’t Simply Serve the Secretary of State