Digest for April 28, 2011

Domanus v. Lewicki (N.D. Ill. 2011). The plaintiff served process on several Polish firms by serving an officer in the U.S., where the Polish firms had stated, in an interrogatory resposne, that the officer was “second vice president,” and where the plaintiff had offered additional evidence necessary to make a prima facie showing that he had de facto control of the entities. The court rejected a motion to dismisss for insufficient service of process on the grounds that in light of the prima facie showing, service on the officer was proper under Rule 4(h).

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2012), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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