Comments on: New Paper on SSRN: Gurung v. Malhotra Is Wrongly Decided

By: Case of the Day: Altos Hornos de Mexico v. Rock Resource Ltd. | Letters Blogatory

Fri, 22 Nov 2024 21:14:05 +0000

[…] applies, so leave under FRCP 4(f)(3) is necessary. Longtime readers will know that in my view service by email is improper when the Hague Service Convention applies, but I’m not going to address that point further […]

By: Case of the Day: Graphic Styles v. Men's Wear Creations | Letters Blogatory

Case of the Day: Graphic Styles v. Men's Wear Creations | Letters Blogatory — Thu, 21 Nov 2024 02:55:04 +0000

[…] 10(a) of the Hague Service Convention. The court denied the motion. This is the right result. Longtime readers will know that in my view service by email or Facebook is impermissible when the Convention applies because […]

By: Case of the Day: Lipenga v. Kambalame | Letters Blogatory

Case of the Day: Lipenga v. Kambalame | Letters Blogatory — Thu, 21 Nov 2024 02:47:07 +0000

[…] the judge went on to approve service by email and Facebook in light of FTC v. PCCare247, Inc. You know what I think about this. But while I don’t approve of the judge’s reasoning, I’ll make two points in […]

By: Case of the Day: Jackson Laboratory v. Nanjing University | Letters Blogatory

Sun, 17 Nov 2024 23:35:06 +0000

[…] won’t repeat my views on service by email under the Convention in countries that have objected to service under Article […]

By: The Special Commission on Service by Email, Part 1 | Letters Blogatory

The Special Commission on Service by Email, Part 1 | Letters Blogatory — Thu, 18 Jul 2024 12:16:16 +0000

[…] blog’s beginning in 2011, starting with the grandfather of erroneous cases on service by email, Gurung v. Malhotra (SDNY 2011), and continuing with more recent decisions that have started to get the question right, […]

By: Case of the Day: FKA Distributing v. Yisi Technology | Letters Blogatory | Letters Blogatory

Mon, 23 Oct 2017 10:03:41 +0000

[…] The case of the day is FKA Distributing Co. v. Yisi Technology Co. (E.D. Mich. 2017). FKA sued Yisi, a Chinese firm. FKA first simply emailed the summons to Yisi, but after Yisi failed to respond, it made a request for service under the Hague Service Convention. Although only a few months had passed, FKA sought leave to serve by email, given that the “vendor who served the Summons for them” told them that the service could take more than a year. One wonders why the vendor didn’t explain this before making the request for service under the Convention! In any case, the judge allowed the motion, joining the many district courts that have held that the Convention permits service of process by email, even in countries that have objected to service by postal channels. It doesn’t appear that the defendant’s address was unknown. I won’t repeat what I’ve written many times before. […]

By: Case of the Day: St. Francis Assisi v. Kuwait Finance House | Letters Blogatory

Mon, 10 Oct 2016 10:00:19 +0000

[…] permissible, if at all, only by analogy to service by post). For a quick summary of my view, see Gurung v. Malotra is Wrongly Decided and FTC v. PCCare […]

By: Case of the Day: Title Trading Services v. Kundu | Letters Blogatory

Case of the Day: Title Trading Services v. Kundu | Letters Blogatory — Tue, 02 Sep 2014 10:01:04 +0000

[…] I’m not going to repeat everything there is to say about this issue. Interested readers may want to take a look at my paper, Gurung v. Malhotra is Wrongly Decided. […]

By: Case of the Day: Elobied v. Baylock | Letters Blogatory

Case of the Day: Elobied v. Baylock | Letters Blogatory — Tue, 22 Apr 2014 10:00:32 +0000

[…] is an important case, because it refutes the shoddy reasoning of Gurung v. Malhotra and its […]

By: Case of the Day: Professional Investigating & Consulting Agency v. Suzuki | Letters Blogatory

Wed, 22 Jan 2014 11:01:33 +0000

[…] if you think email comes within the definition of postal channels. But for reasons I give in my recent paper, I don’t think that’s […]