No, really. I’ve argued ’til I’m blue in the face that Hague mail service is a bad idea. Sure, it might be perfectly valid from a legal perspective, but factually… oy vey, you got problems, friend. Continue Reading Service by mail just became an even worse idea.
Civ Pro for 4L’s: Removal and Service of the Correct Summons
A couple of years ago, I posited in “Removal and the Timing of Hague Service Convention Requests, Real World” that not only must service be effected properly, but the contents of the service packet had to be proper as well. I discussed a case in which State Farm* sued a Korean defendant– among others– in state court, but one of the defendants removed the case to federal court before State Farm’s counsel initiated Hague procedures in Seoul. The state summons was served instead of the appropriate federal summons, so the defense had a beautiful 12(b) motion to dismiss. Ultimately, the case wasn’t kicked, but it could have been. Continue Reading Civ Pro for 4L’s: Removal and Service of the Correct Summons
Hague Convention Habitual Residence
Two white whales are the subject of my Captain Ahab diatribes in this space. One concerns an issue of cross-border civil procedure, while the other concerns a rather goofy* interpretation of what the rest of the world views as plain language. I address here the latter of the two: the concept of a child’s habitual residence. Remember those words, friends, because the U.S. Supreme Court held unanimously today that the term habitual residence should be analyzed under a totality-of-the-circumstances test.
In Monasky v. Taglieri, the Court held that a child’s habitual residence depends on the totality of the circumstances specific to the case, not on “categorical requirements.” Continue Reading Hague Convention Habitual Residence
How to Serve Process in Malta (updated 2024)
We aren’t 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 Malta is subject to the strictures of the Hague Service Convention, regardless of which U.S. or Canadian venue is hearing the matter. This chain of islands, a former British colony off the southern coast of Sicily, isn’t just the site of a boat race in Season 1 of The Crown. It is also home to stunning scenery, bright sunshine, and a wonderful blend of English, Italian, and North African cultures. Malta is a relatively new member of both the European Union and the Hague Service Convention– and service of documents is fairly straightforward. Continue Reading How to Serve Process in Malta (updated 2024)
RIGHT reasoning, right result.
Last week, in “Wrong reasoning, right result?“ I ranted a bit– criticizing the latest in a nationwide string of wrong decisions involving FRCP 4(f)(3). At issue: whether courts can authorize service by email on defendants located in Hague Service Convention countries that object to Article 10(a).
My view is awfully straightforward– if the Convention applies, and the destination country objects to 10(a), then Nein. 没有。Нет. ほぼ。 幾分。
Not no, but hell no.* Continue Reading RIGHT reasoning, right result.
How to Serve Process in New Zealand
Just off Australia’s east coast lies a gorgeous chain of islands known today in large measure for its huge population of Elves, Orcs, and Dwarves (and one very grumpy little fellow). Before New Zealander Peter Jackson filmed his Lord of the Rings and Hobbit trilogies, New Zealand was famous primarily for (1) the Māori Haka,* especially performed by its powerhouse All Blacks national rugby union team, and (2) sheep. LOTS of sheep. Oh, and then there was this guy. Continue Reading How to Serve Process in New Zealand
Wrong reasoning, right result?
The question mark in that headline only applies to half of the headline.
The result might be correct, depending on facts not articulated in the order, but the logic behind N.D. Ohio’s grant of leave to serve by alternative means in China is (to put it delicately) fatally flawed– an illustration of how “kinda-sorta-bad” law can evolve someday into extraordinarily-unquestionably-bad law. In NOCO Company v. Shenzhen Lianfa Tong Technology Co., Ltd. et al. (1:19-cv-01855), the court issued the latest in a nationwide string of wrong decisions because, apparently, none of the lawyers in the room consider Sandra Day O’Connor an authority.
I’m serious. Continue Reading Wrong reasoning, right result?
A Hong Kong Cautionary Tale
[Update, March, 2023: This issue previously was isolated to Hong Kong alone. Now, Beijing has begin rejecting requests on the same basis. When this post was originally published, I speculated that the PRC wasn’t really hung up on the issue– and for the past six or seven years, that’s been true. Things have now changed.]
A couple of years ago, I posted an admonishment that Service of Process in Hong Kong means Hong Kong, CHINA. That post was a precursor to the nuts & bolts post I put up a few months later on How to Serve Process in Hong Kong. In that post, I stressed the care needed in properly naming the former British colony: Continue Reading A Hong Kong Cautionary Tale
Terry Jones… a very naughty boy.
Add me to the list of those mourning– and lauding– the great Terry Jones (he of nude organist fame), who wanted to be remembered more for his scholarship than his comedic genius. That term, genius, is bandied about far too much these days, but Jones and his co-conspirators really were so far ahead of their time that they cannot be considered anything else. True geniuses, all. Well, except Cleese– he’s just a grumpy old bastard with some talent. And a very odd gait. Continue Reading Terry Jones… a very naughty boy.
Pro se litigants and Hague service
I fielded a phone call in the wee early hours this morning (I was already up and working) from a fellow with an overseas issue. He said he needed a some help with the Hague Convention (there’s no such thing as “the” Hague Convention), and could he pick my brain for a few minutes. Continue Reading Pro se litigants and Hague service