Case of the Day: Kriegman v. Slanina
Posted on July 20, 2017
The case of the day is Kriegman v. Slanina (In re LLS America, LLC) (E.D. Wash. 2017). We don’t really know what the case was about, but the court had entered a default judgment against Slanina, and Slanina had then appeared and sought to vacate the judgment on service of process grounds.
Kriegman had effected service on Slanina by mail to Canada. Canada has not objected to service by mail under the Hague Service Convention, so you would think that there would be no problem. But FRCP 4(f)(2)(C)(ii) allows service by mail only if not “prohibited” by the relevant foreign law. No Canadian law expressly prohibits service by mail, but Slanina sought to construe FRCP 4(f)(2)(C)(ii) to mean that service by mail is permissible only if the relevant foreign law expressly authorizes service by mail. The judge correctly rejected Slanina’s argument.