Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts by Jared Hubbard

Sudan v. Harrison: The Oral Argument

Posted on November 8, 2018

Letters Blogatory contributor Jared Hubbard, who represented a group of amici arguing in favor of Sudan, was at the Supreme Court yesterday for oral argument in Sudan v. Harrison, and he shares the following report. To set the stage: victims of the USS Cole bombing sued Sudan for damages. The plaintiffs sought to serve process on Sudan by sending the summons by mail to the minister of foreign affairs, via the Sudanese embassy in Washington, under 28 U.S.C. § 1608(a)(3). Before the Second Circuit’s decision holding that the service was sufficient, I should have said that the service was obviously insufficient and that there is no good reason to stretch the statute to accommodate what the plaintiffs did here, since § 1608(a)(4) provides a…

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Update on Sudan v. Harrison

Posted on July 10, 2018

Readers, here is a post from friend-of-the-blog Jared Hubbard, who is counsel to amici in Sudan v. Harrison, next term’s case on service of process under the FSIA. I wanted to follow on from Ted’s excellent work in keeping us updated about foreign service of process with some additional information on the Sudan v. Harrison case, which was recently taken up by the Supreme Court. As full disclosure, I represent a group of international law professors who have appeared as amici curiae in support of Sudan’s position in the case. The case involves how foreign states may be served under the Foreign Sovereign Immunities Act (“FSIA”). 28 USC § 1608(a)(3) says that service may be made “by sending a copy of the summons and…

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Jared Hubbard on the Texas Loophole

Posted on July 25, 2017

I’m happy to welcome new commenter Jared Hubbard to Letters Blogatory! Jared has a practice in Newburyport, and before that was most recently an associate with White & Case. He knows whereof he writes, because he’s admitted to practice in Texas, and he was counsel to OPEC in the Freedom Watch case, which I’ve covered before. Welcome, Jared! One of the recent cases of the day, Chukapalli v. Mandava (Tex. Ct. App. 2017), raised an interesting loophole to international service requirements. In that case, the court reversed a default judgment as the plaintiff had not complied with the Hague Service Convention, but on remand no compliant service was required due to Texas Rule of Civil Procedure 123, which provides:

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