Case of the Day: FKA Distributing v. Yisi Technology
Posted on October 23, 2017
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.