Case of the Day: Midmark v. Jamak Healthcare
Posted on May 15, 2014
The case of the day is Midmark Corp. v. Janak Healthcare Pvt. Ltd. (S.D. Ohio 2014). It’s a very poorly done decision, and it badly mangles FRCP 4(f)(3) and various provisions of the Hague Service Convention. The only redeeming feature of the case is its result: the court denied a motion for leave to serve process by email in India. This is the correct decision because of India’s Article 10(a) objection.
I am not going to catalog the decision’s faults. But the judge denied the motion without prejudice. If the plaintiff renews the motion and we get another decision along the same lines, I’ll give a full analysis. Note to readers and law clerks: do not cite this decision or pay attention to its very odd and wrongheaded discussion of the Convention.