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Second Circuit To Rule On Service By Email In China (Maybe)
The Second Circuit is poised to decide Smart Study Co. v. Acuteye-US, a case in which a district judge correctly held that the Hague Service Convention does not permit service by email in cases where it applies, at least where the state of destination has objected to service by alternate means under Article 10. I […]
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Case of the Day: McCarthy v. Johnson
The case of the day is McCarthy v. Johnson (D.D.C. 2022). The plaintiff had won a $6 million judgment against Michael Heath Johnson, who, she alleged, had bilked her out of millions of dollars in the 1980s, during a particularly vulnerable time for her. The District of Utah had entered judgment by default after Johnson […]
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Case of the Day: Smart Study v. Acuteye
The case of the day is Smart Study Co., Ltd. v. Acuteye-US (S.D.N.Y. 2022). It’s too soon to declare victory, but this is yet another case correctly holding that when the Service Convention applies and the state of destination has objected to service by postal channels, service by email is forbidden. The case involved a […]
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Case of the Day: Topstone Communications v. Chenyi Xu
The case of the day is Topstone Communications, Inc. v. Chenyi Xu (S.D. Tex. 2022). I love this case. It shows that the tide is turning. As longtime readers know, ever since Gurung v. Malhotra, courts have approved service by email on defendants in cases within the scope of the HCCH Service Convention, even when […]
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Case of the Day: Sinox Co. v. Yifeng Manufacturing Co.
The case of the day is Sinox Co. v. Yifeng Manufacturing Co. (W.D. Tex. 2022). In light of my recent post on service by electronic means at the Transnational Litigation Blog, which dealt with prospects for addressing the tension between the Service Convention and current practice in the US courts, I thought I would use […]