Law Commons^™

Notice Risk And Registered Agency, Andrew K. Jennings

Faculty Articles

To sue a firm is to sue an artificial person, making the most reliable service method—physically handing papers to the defendant—unusable. This problem illustrates notice risk: if a plaintiff’s service obligations are loose, it is advantaged (because the defendant may never receive notice), whereas if they are strict, the defendant is advantaged (because the plaintiff may struggle to effect service). For litigation involving corporate defendants, civil procedure and corporate law mitigate this problem through a technology for managing notice risk: registered agency. A firm using this technology, because it cannot be served directly, appoints an agent who will accept papers …

Social Media: A Good Alternative, For Alternative Service Of Process, Emily Davis

Case Western Reserve Journal of International Law

A cost efficient and effective means of alternative service of process in civil and commercial cases upon both domestic and international defendants lies in social media. Traditional methods of service of process are preferred, but are not always practicable. When a defendant cannot be reached through traditional methods, judges should use their discretion and allow alternative service by social media in appropriate cases. Current methods of alternative service, such as publication, are not efficient or effective. By allowing alternative service of process via social media in certain cases, the defendant is much more likely to receive actual notice in a …

Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson

St. Mary's Law Journal

Abstract forthcoming

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 …

Civil Procedure: Notifying Justice: "Reasonable Actual Notice" In Service Of Process—Decook V. Olmsted Medical Center, Inc., Paul Fling

Mitchell Hamline Law Review

No abstract provided.

Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgements, Tanya Monestier

Law Faculty Scholarship

It is black-letter law that in order to recognize and enforce a foreign judgment, the rendering court must have had personal jurisdiction over the defendant. While the principle is clear, it is an open question as to whose law governs the question of personal jurisdiction: that of the rendering court or that of the recognizing court. In other words, is the foreign court's jurisdiction over the defendant governed by foreign law (the law of F1), domestic law (the law of F2), or some combination thereof? While courts have taken a number of different approaches, it seems that many courts regard …

Reflections On Judicial Jurisdiction In International Cases, Gary B. Born

Georgia Journal of International & Comparative Law

No abstract provided.

Keep Your Facebook Friends Close And Your Process Server Closer: The Expansion Of Social Media Service Of Process To Cases Involving Domestic Defendants, Alyssa L. Eisenberg

San Diego Law Review

This Comment addresses why service by social media better meets the constitutional standard for service of process than publication and advocates change at the state level, including suggesting arguments attorneys can use to persuade courts to allow them to serve defendants over social media. Part II of this Comment discusses the constitutional and statutory evolution of service of process beginning with traditional personal service, moving on to service by publication, and ending with electronic service of process. Part III explores recent cases in which courts have authorized and denied social media service for serving both parties abroad and parties in …

Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland

Faculty Scholarship

Pursuant to secret purchase and sale agreements (also known as forward flow agreements), the accounts that banks sell to debt buyers are often sold “as is,” with explicit and emphatic disclaimers that the debts may not be owed, the amounts claimed may not be accurate, and documentation may be missing. Despite their full knowledge that the accuracy and completeness of the data has been specifically disclaimed by the bank, when they sue consumers, debt buyers tell courts that the information obtained from the bank is inherently reliable and accurate. In order to avoid a fraud on the courts, the contents …

Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland

Peter A. Holland

Pursuant to secret purchase and sale agreements (also known as forward flow agreements), the accounts that banks sell to debt buyers are often sold “as is,” with explicit and emphatic disclaimers that the debts may not be owed, the amounts claimed may not be accurate, and documentation may be missing. Despite their full knowledge that the accuracy and completeness of the data has been specifically disclaimed by the bank, when they sue consumers, debt buyers tell courts that the information obtained from the bank is inherently reliable and accurate. In order to avoid a fraud on the courts, the contents …

The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas, Lynn Foster

University of Arkansas at Little Rock Law Review

No abstract provided.

The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas, Lynn Foster

Faculty Scholarship

Two recent independent reports have revealed that Arkansas's residential landlord-tenant law is significantly out of balance with that of other states and, moreover, is arguably unconstitutional in part. How did this come about, and why is Arkansas so different?

Civil Practice And Procedure, Andrew P. Sherrod

University of Richmond Law Review

This article surveys recent and significant developments in Virginia civil practice and procedure. Specifically, the article discusses selected opinions of the Supreme Court of Virginia from September 2011 through June 2012, addressing new or meaningful civil procedure topics; significant amendments to the Rules of the Supreme Court ofVirginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during the 2012 session that relates to civil practice.

Serving State Officers In Official-Capacity Suits: Is Mail An Option?, Mark R. Brown

Mark R. Brown

How does one serve a state agent sued in his or her official capacity? The answer is unclear. I argue that historically suits of this nature have been treated as if the state agent is an individual; hence, individual service has proved the historical norm. However, over the course of the last 25 years a significant minority of courts have begun treating state agents as states. The rules for serving states and individuals differ; in particular, mail is not an option for states. Treating these Ex parte Young suits as suits against states therefore prevents service by mail. I argue …

Serving A Summons By First Class Mail: Why Bankruptcy Rule 7004(B)(1) Violates Due Process, Jonathon S. Byington

Faculty Law Review Articles

This article argues that even though it has been accepted and widely used throughout the nation for thirty-five years by courts, practitioners, and commentators, the service method of delivering a summons and complaint solely by first class mail under Bankruptcy Rule 70004(b)(1) violates due process. Part I shows that the establishment of first class mail as an alternate service method occurred before the vast expansion of bankruptcy court jurisdiction. Part II evaluates the various reasons why Rule 7004(b)(1) violates due process. The article concludes in Part III by recommending a two-part solution to revise the rule.

No Sirve: The Invalidity Of Service Of Process Abroad By Mail Or Private Process Server, Charles B. Campbell

Charles B. Campbell

Service of process abroad by mail or private process server on parties in Mexico is invalid under the Hague Service Convention. The other alternative methods of service abroad listed in Article 10 of the Convention are invalid, as well. As one might say in Spanish, such alternative service no sirve—i.e., is useless—in Mexico. Accordingly, service of process abroad by United States litigants and courts on parties in Mexico should proceed through Mexico’s Central Authority in accordance with Articles 3 through 7 of the Convention.

Civil Practice And Procedure, John R. Walk

University of Richmond Law Review

No abstract provided.

Corporations, Partnerships, And Associations Partnerships: Designate Qualification Requirements, Laws Governing, And Regulation Concerns For Foreign Limited Liability Partnerships, Scott C. Crowley

Georgia State University Law Review

The Act provides guidelines for foreign limited liability partnerships transacting business in Georgia. The Act mandates certification with the Secretary of State as a means for providing service of process on foreign limited liability partnerships. Once a certificate is issued, a foreign limited liability partnership is authorized to transact business in Georgia. In addition, the Act requires appointment of a registered agent who may accept service of process on behalf of the foreign limited liability partnership. The Act also provides a list of activities that do not constitute transacting business in Georgia; however, the list is not intended to be …

International Service Of Process By Mail Under The Hague Service Convention, L. Andrew Cooper

Michigan Journal of International Law

This Note addresses the article 10(a) controversy and argues that the provision should be interpreted as not authorizing service by mail. Part I establishes that application of the Convention is mandatory, and that it supersedes inconsistent methods of service authorized by federal or state law. Part I then discusses the proper methods of interpreting international treaties. Part II applies these methods of treaty interpretation to the article 10(a) controversy, and argues that the article does not authorize service by mail. Part III addresses other considerations for courts and practitioners, including the availability of mail service under article 19 whenever mail …

United States Punitive Damage Awards In German Courts: The Evolving German Position On Service And Enforcement, Klaus J. Beucher, John B. Sandage

Vanderbilt Journal of Transnational Law

This Article addresses the problems United States plaintiffs may face when seeking enforcement of United States court awards of punitive damages in German courts. The authors show the close relationship between service of process and subsequent enforcement procedures in Germany. The analysis focuses on two recent German court decisions that provide indications of how German courts might respond to requests to serve process and to enforce judgments in actions seeking punitive or multiple damages. The fundamentally different approaches to punitive damages taken by the German and the United States legal systems create the difficulties encountered when these two systems intersect. …

Comparative Overview Of Service Of Process: United States, Japan, And Attempts At International Unity, Chin Kim, Eliseo Z. Sisneros

Vanderbilt Journal of Transnational Law

This Article examines the differing philosophical and legal requirements for service of process in the United States and Japan. Professor Kim and Mr. Sisneros compare service of process laws in the United States, where compliance with the due process clause of the United States Constitution is a fundamental requirement, with service of process laws in Japan, where service of process is an official act of the judiciary. A detailed analysis of valid service of process by a foreign state in Japan follows. The authors then discuss the effect of the Bilateral Consular Convention Between the United States and Japan and …

Case Comment, Jeffry B. Gordon

Vanderbilt Journal of Transnational Law

This Case Comment discusses the ability of a United States plaintiff to serve process pursuant to the Hague Service Convention on a defendant residing in Japan. The United States Court of Appeals for the Eighth Circuit held that the Convention generally prohibits service on foreign defendants by registered mail. This Case Comment discusses the history of the case, the objectives of the Convention, the law of service of process in Japan, and United States law of service of process on foreign parties under the Federal Rules of Civil Procedure. The author then discusses United States common law interpreting article 10(a) …

Nationwide Personal Jurisdiction In All Federal Question Cases: A New Rule 4 Note, Howard M. Erichson

Faculty Scholarship

Every litigator who remembers first year civil procedure knows that the personal jurisdiction1 of federal courts is limited by state territorial boundaries. That limitation, however, may soon disappear in federal question cases. A new rule of civil procedure, currently under consideration by the federal rulemakers, would provide for nationwide service of process in all federal question cases. The proposed rule would profoundly affect forum selection in the federal courts. This Note argues in favor of the adoption of the new Rule 4's nationwide personal jurisdiction provision. Not only would the new Rule 4 be a legitimate exercise of authority, but …

International Service Of Process, Armando L. Basarrate,Ii

Vanderbilt Journal of Transnational Law

This Note examines the conflicts that may arise between the Federal Rules of Civil Procedure utilized by American federal courts and procedures under the Service Convention. In addition, this Note compares the logic and policy of the differing approaches utilized by federal courts to resolve such conflicts. Finally, it concludes that the approach which best resolves the legal and practical problems of such conflicts is one which holds that the Service Convention supercedes certain rules of civil procedure when the two conflict.

Jurisdiction And The Japanese Defendant, Robert Peterson

Faculty Publications

This article considers some of the current tactical and legal issues counsel must face in bringing the Japanese defendant into an American court. Much of the discussion is also relevant to service in other foreign countries. The article concludes with a recipe for the proper preparation of service of process which the Japanese defendant should find irresistible.

Power, Convenience, And The Elimination Of Personal Jurisdiction In The Federal Courts, Robert Haskell Abrams

Journal Publications

After briefly cataloging the types of federal court cases that raise difficult conceptual issues regarding personal jurisdiction, this article will explore in detail the possible function and content of a uniquely federal concept of personal jurisdiction.

After rejecting functions based on constitutional concern for litigant convenience" and federalism of the Erie R.R. v. Tompkins vein, other roles for the concept will be considered. This exploration will be expanded to consider the functions presently served by limitations on service of process and federal venue and the ability of those doctrines to subsume all useful aspects of the personal jurisdiction inquiry. A …

A Policy Analysis Of The American Law Of Foreign State Immunity, Thomas H. Hill

Fordham Law Review

No abstract provided.

Driver V. Helms And The Long-Arm, Strong-Arm Effects Of 28 U.S.C. § 1391(E), Frederick H. Mcgrath

Fordham Law Review

No abstract provided.

Driver V. Helms And The Long-Arm, Strong-Arm Effects Of 28 U.S.C. § 1391(E), Frederick H. Mcgrath

Fordham Law Review

No abstract provided.

Doyle V. Doyle, Michael T. Hertz

Dalhousie Law Journal

No abstract provided.