Case of the Day: Schiff v. Hurwitz
Posted on May 29, 2012
The case of the day is Schiff v. Hurwitz (W.D. Pa. 2012). Schiff was a patient of Dr. Hurwitz, who performed the “BodyTite Procedure” on Schiff. Personally, I would not recommend any medical procedure with a purposely misspelled word in the name, but that’s just me. Schiff used a medical device manufactured by Invasix in the procedure. The decision doesn’t really spell out the facts relevant to the service of process issue, but it appears that Schiff had tried to serve process on the defendants in Canada and Israel, both parties to the Hague Service Convention, by mail. The decision is somewhat oddly reasoned, but the bottom line is that the judge joined the great majority of rightly decided cases holding that Article 10 of the Convention does indeed authorize service of process by mail.