One of the funniest bits of homage I’ve ever seen is the Rugrats’ takeoff on the opening scene of The Godfather (see here, and giggle a bit). Says Tommy, channeling Bonasera the Undertaker: “I believe in the playground.
[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
I say all the time that we aren’t building rockets here. But we are building a ship, and a leaky ship means that your people could not possibly reach North America from Europe. Do it the right way, and you’re the FIRST EUROPEANS TO REACH NORTH AMERICA. That’s right, I said it.
This space hasn’t offered much about the biggest news in transnational litigation in years– a test of the validity of service by mail under Article 10(a) of the Hague Service Convention. Frankly, the outcome doesn’t much
For the entire life of my firm, I’ve had a recurring theme in just about every blog I’ve posted: yes, counsel, you do have to translate that thing. Translation is almost always unavoidable if you want a realistic chance of collecting a judgment. But last summer, I offered some tips to limit the cost
Much has been made lately of the Volkswagen “defeat device” scandal, and it seems to now encompass Audi as well. For the uninitiated, the un-refuted story is that VW programmed its diesel vehicles
[Author’s Note: yes, things are still functioning in Israel despite the war in Gaza, with the obvious exception of service within Gaza itself. For defendants not located in the Palestinian territories, service is essentially business as usual.]
Serving process in Israel is subject to the strictures of the Hague Service Convention, regardless of which U.S.
We’re not building rockets here. But we are building a ship of sorts, and a leaky vessel means the cargo may not make it to its destination. Serving process in Ireland is subject
[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). Oh, and FCA is no longer FCA, but I like the pun, so I
Yes, counsel, you do have to translate that thing—at least, if you’re sending it to a non-English-speaking country. There are a couple that don’t require translation, but that doesn’t mean it isn’t still necessary. [Click here to see why.]
That said, getting a translation is not as simple as a Google search to
