Tag Archives: service by mail

Case of the Day: In re Interest of E.H.

The case of the day is In re Interest of E.H. (Tex. Ct. App. 2014). Sara and Shlomo Hamo were married in Israel in the 1980s. In 1992, Shlomo left the family and moved to the United States—first to South Carolina and then to Texas. In 1993, Sara obtained a child support order in Israel. Sara later obtained a divorce under Jewish law in Texas (it is unclear whether the parties were ever divorced under civil law). In 2011, Sara, through the Texas Attorney General, sought registration of the Israeli child support order under the Uniform Interstate Foreign Support Act. Shlomo opposed registration, asserting that he had not been served with process in the Israeli proceeding (Sara asserted that she had served him via registered mail, as provided by Israeli law). Shlomo testified that he had been unaware of the child support order until 2011. The trial court denied registration, finding that Shlomo had not been served with process and that he had been denied due process of law in the Israeli proceeding. Sara appealed.
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Case of the Day: Smith v. Wolf Performance Ammunition

The case of the day is Smith v. Wolf Performance Ammunition (D. Nev. 2015). Andrew Smith alleged that he was injured when, in 2012, “the firearm and ammunition he was using exploded in his face.” He sued Sporting Supplies International, apparently the merchant from whom he bought the allegedly defective ammunition. SSI impleaded Tula Cartridge Works, a Russian corporation, claiming Tula was liable to it for contribution and indemnification. SSI sought leave under FRCP 4(f)(3) to serve process by alternate means on Tula, noting Russia’s unilateral refusal to execute requests under the Hague Service Convention originating in the United States. In particular, SSI sought leave to serve process by mail and by email. Russia has objected to service under Article 10 of the Convention.
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Case of the Day: Wuxi Taihu Tractor Co. v. The York Group, Inc.

The case of the day is Wuxi Taihu Tractor Co. v. The York Group, Inc. (Tex. App. 2014). York, a Delaware firm that manufactured and sold coffins sued Wuxi, a Chinese firm, for unfair competition and other torts. York served process on Wuxi by service on the Texas Secretary of State, who then mailed the summons and complaint directly to Wuxi in China. Wuxi entered a pro se appearance and filed, but did not serve, an answer that asserted, among other things, that Wuxi had not properly been served with process. There was some procedural wrangling. The judge ordered Wuxi to retain a lawyer, but Wuxi didn’t. Eventually the case was called for trial and Wuxi did not appear, so the judge entered a default judgment. Wuxi sought review.
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