Category Archives: Water Splash

Water Splash: Notes on Volkswagen from the new ABA Treatise

The publication of the new ABA treatise, which I noted yesterday, reminded me that I had already written about the question I noted last month in my discussion of the government’s amicus brief in the Water Splash case, namely whether the Hague Service Convention applies to all judicial documents, or just to the summons and complaint. Here is a short excerpt from my chapter in the new book, without the footnotes.
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Water Splash v. Menon: Two Briefs

The first two briefs are on file in Water Splash v. Menon, the Supreme Court case on the interpretation of Article 10(a) of the Hague Service Convention. First is the petitioner’s brief, of course, and there’s also an amicus brief from the United States in support of the petitioner’s view.
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Water Splash v. Menon: The Question Presented Calls For Caution

In Water Splash v. Menon, the Supreme Court will resolve the longstanding circuit split about whether Article 10(a) of the Hague Service Convention allows service of process by mail. As I noted in my post on Multisports USA v. TheHut.com, there’s a difficulty in the way the question on cert. has been presented. The question, as it appears in the petition, is: “Does the Hague Service Convention authorize service of process by mail?” The key word, the problematic word, is “authorize.” The question presented in the case is whether Article 10(a) has anything at all to do with service of process by mail or whether it only applies to service of documents other than the summons or other process. But the word “authorized” raises an entirely different question, on which there is also a (possible) circuit split but which is not part of the case before the court.
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