U.S. court, U.S. plaintiff, U.S. law to be applied… everything about the case is American but one: the defendant lives in Kaiserslautern. Or Basel, or Xi’an, or Yokohama—pick an overseas city. (Likewise if it’s a Canadian court, Canadian plaintiff, etc.)
When you serve a defendant in another country, you must observe the laws of that
[Originally published at vikinglaw.us]
A particular quirk arises in serving a defendant if he or she is a U.S. servicemember stationed abroad. For the most part, I explain to clients that such an objective is a tough one, so they might have to simply wait until the defendant returns to the United States. [This
[Originally published at vikinglaw.us]
Subpoena, in Latin: “under penalty”.
Subpoena, in American English: show up or else.
It isn’t really Latin—Julius Caesar would look at you funny, because it’s not really a word. We made it up. But a subpoena is nonetheless a critical instrument in American legal practice.
Essentially, it is
[Originally published at vikinglaw.us]
Good old 12(b)(6). The Rolling Stones Rule. Failure to state a claim for which relief can be granted (I can’t get no Satisfaction).
It’s the defense litigator’s go-to basis for dismissal. Graceful, poignant, utterly classic.
Sure, the plaintiff was harmed. Sure, the defendant caused it. But there’s
An interesting order & opinion from the Southern District of New York outlines the massive problem litigators face when suing—and serving—defendants in Russia. See AMTO, LLC v. Bedford Asset Management, LLC, No. 7:2014cv09913 (S.D.N.Y., 2015). In AMTO, the Bedford defendant sought to serve a third-party defendant in Russia by alternative means, specifically, via
[Originally published at vikinglaw.us]
The Hague Service Convention is mandatory doctrine in U.S. law. Wherever the treaty applies, plaintiffs must follow its dictates. Failure to strictly adhere means their attempts at service—whether successful or not—are ineffective. The safest avenue to a sound legal footing is by filing a request with a foreign country’s Hague
[Originally published at vikinglaw.us]
For the same reason you should refer a case out. It’s in the client’s best interest.
A friend called me a couple of months ago, and asked for my help. His wife had asked him for a divorce, and he knew that I had handled divorces before. But this one
