Case of the Day: Amirault v. Ferrari

The case of the day is Amirault v. Ferrari (N.D. Ohio 2015). Darcie Amirault sued Riccardo Ferrari, a resident of Italy, for libel in the Cuyahoga County Court of Common Pleas. Ferrari removed the case to the District Court and moved to dismiss for insufficient service of process. Amirault had served the summons and complaint by mail prior to removal.

The court joined the majority of American courts in rejecting the view that service by mail is impermissible because Article 10(b) uses the word “send” instead of “serve.” I particularly like the decision because it cites the Hague Conference on Private International Law’s Practical Handbook. At the recent event at Georgetown, my presentation’s thesis was that explicit guidance from the Hague Conference can help American courts reach good decisions. I cited some cases that had acted the Special Commission’s Conclusions and Recommendations, but this case shows that the same can be true of the Practical Handbook.

By the way, stay tuned for news about the new edition of the Practical Handbook. It will be here soon!

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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