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Service Of Process Via Social Media: Exploring The Use Of Social Media Platforms To Provide Notice To Defendants In Civil Cases In Belgium, Cedric Vanleenhove
Service Of Process Via Social Media: Exploring The Use Of Social Media Platforms To Provide Notice To Defendants In Civil Cases In Belgium, Cedric Vanleenhove
Vanderbilt Journal of Entertainment & Technology Law
In common law systems, there has recently been a trend to permit plaintiffs to serve process on defendants through social media networks. This trend raises the following question: Is this form of service also beneficial in civil law countries-in particular, Belgium? To answer this question, this Article analyzes the conditions under which this type of service has been allowed by US courts, where most of the new development has occurred. This Article concludes that social media service may be a valuable additional means of notice when the defendant does not have a known address. In such circumstances, Belgian law currently …
Amended Rules, Amended Pleadings: How The Abrogation Of Form 18 Politicized Direct Infringement Patent Pleading, Nick Baniel
Amended Rules, Amended Pleadings: How The Abrogation Of Form 18 Politicized Direct Infringement Patent Pleading, Nick Baniel
Vanderbilt Journal of Entertainment & Technology Law
Since the abrogation of Form 18, the template for pleading direct infringement of patents, district courts have struggled to assess exactly what a plaintiff must assert in pleadings to survive a motion to dismiss for failure to state a claim. In place of Federal Rule of Civil Procedure 84, courts have developed multiple standards to assess pleading sufficiency. The US Court of Appeals for the Federal Circuit has provided little guidance when given the opportunity to resolve this division, leaving uncertainty for litigants and judges. Using data collected from opinions on motions to dismiss during 2016 and 2017, this Note …