Case of the Day: Acushnet Co. v. Thiede

The case of the day is Acushnet Co. v. Thiede (D. Ariz. 2013). Acushnet sought leave to serve process on Dualwin Sporting Goods Co. via email in China. The judge granted the motion. Much of the short decision is taken up with citations to cases approving service by email, but lest anyone get the wrong idea, the true basis for the decision was the fact that Acushnet’s investigation had revealed that Dualwin had “falsified its physical address data.” When a defendant’s address is unknown, the Hague Service Convention simply has no application (see Art. 1). So the case is rightly decided, but as with all cases approving service by email in Hague Service Convention countries that have objected to service by postal channels, use caution before citing!

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 2d ed. 2016), 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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