The Supreme Court has adopted an amendment to FRCP 4(m) that will take effect on December 1, absent action by Congress. Here is the text of the amendment, showing the added and deleted text:
Continue reading FRCP: Minor Amendment to Rule 4
The case of the day is SPM Thermo-Shield, Inc. v. SICC GmbH (M.D. Fla. 2016). The facts of the case were not reported. SPM tried to effect service on SICC, a German firm, and one of its principals, Waldemar Walczok, by personal service on Walczok when he was in Florida. A judge quashed that service on the grounds that SPM had lured Walczok into the jurisdiction. But SPM had made no effort to serve process via the Hague Service Convention. The defendants moved to dismiss.
Continue reading Case of the Day: SPM Thermo-Shield v. SICC GmbH
The case of the day is DHL Global Forwarding Management Latin America, Inc. v. Pfizer, Inc. (S.D.N.Y. 2014). DHL Global and DHL Logistics Brasil Ltda sued Itau Seguros, S.A., Pfizer, Pfizer Global Trading, and Laboratorios Pfizer Ltda, seeking a declaratory judgment regarding the extent of DHL’s liability for a partially rejected shipment of pharmaceuticals. Itau, a Brazilian company, and Pfizer’s Brazilian affiliate moved to dismiss for insufficient service of process.
Continue reading Case of the Day: DHL Global Forwarding Management Latin America v. Pfizer