Tag Archives: France

Case of the Day: Merial v. Ceva Santé Animale

The case of the day is Merial v. Ceva Santé Animale, S.A. (M.D. Ga. 2016). Merial sued Ceva, a French firm. It attempted to serve process by hiring a private process server to serve Herve Balmes, alleged to be a member of Ceva’s executive committee, in Libourne, France, and by registered mail to Marc Prikazsky, the CEO, again in Libourne. Ceva moved to dismiss for insufficient service of process.
Continue reading Case of the Day: Merial v. Ceva Santé Animale

Case of the Day: Portalp International v. Zuloaga

The case of the day is Portalp International SAS v. Zuloaga (Fla. Dist. Ct. App. 2015). Daniel Zuloaga was the president of Portalp USA. LLC. When the company terminated his employment, he sued Portalp USA and its parent, Portalp International, SAS, a French firm, for breach of contract. He served process on Portalp, in France, by Fedex. Portalp moved to dismiss, arguing that the Hague Service Convention did not permit service by mail. In other words, Portalp was asking the court to adopt the minority American view that because Article 10(a) of the Convention used the word “send” instead of “served,” it did not permit service of process by mail.
Continue reading Case of the Day: Portalp International v. Zuloaga