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Drafting for Service of Process Problems
A typical choice of forum clause does a few things: it designates an exclusive forum in which claims may be brought; and it contains waivers of the defenses of lack of personal jurisdiction, venue, and forum non conveniens. But typically—in my experience, anyway—it does not address the problem of service of process. So if there……
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Digest for May 10, 2011
In re Canadian Private Copying Collective (D. Minn. 2011). Granting an application under the judicial assistance statute for leave to issue a subpoena to obtain business records for use in a Canadian civil case.
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Case of the Day: Osorio v. Dow Chemical Co.
The Case of the Day, Osorio v. Dow Chemical Co. (11th Cir. 2011), is reminiscent of the Lago Agrio case. Claim for massive environmental tort in Latin America? Check. A large group of workers and peasants as plaintiffs? Check. Claims of procedural improprieties and partiality in the Latin American courts? Check. American reluctance to recognize……
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Case of the Day: Third Point LLC v. Fenwick
H/T to Antonin I. Pribetic for bringing to light the case of the day, Third Point LLC v. Fenwick, 2011 ONSC 2068, an Ontario case on a letter rogatory from the New Jersey Superior Court seeking a summons for a deposition in Ontario. Canada is not a party to the Hague Evidence Convention, which is……
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New-ish Hague Service Convention Table
A few months ago the Service Section of the Hague Conference published a helpful table showing the position of each state party to the Convention on the applicability of the following provisions of the Convention: Article 8 (freedom of a contracting state to serve process abroad directly through its diplomatic or consular agents) Article 10(a)……