Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Hague Service Convention

Case of the Day: Appel v. Hayut

Posted on December 23, 2020

The case of the day is Appel v. Hayut (SDNY 2020). The plaintiff, Ronit Appel, served process on David Kazhdan, a defendant in Israel, by hiring Rimon Deliveries and Services, apparently an Israeli delivery company, which then mailed the documents to Kazhdan through the Israeli post. Just so that this is clear, the documents were mailed from Rimon, in Israel, to Kazhdan, in Israel. Thus this is not the ordinary postal channels case where the question is the sufficiency of mail sent from the United States to the state of destination.

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Changzhou SinoType v. Rockefeller: Amicus Update

Posted on September 24, 2020

A group of outstanding scholars filed an amicus brief in support of my petition for cert. in Changzhou SinoType v. Rockefeller Technology. The group includes (in alphabetical order) George Bermann (Columbia), Hannah Buxbaum (Indiana), John Coyle (UNC), Robin Effron (Brooklyn), Maggie Gardner (Cornell), David Stewart (Georgetown), and Louise Ellen Teitz (Roger Williams). Andrew Hessick, Richard Simpson, Joseph Gross, and Jared Hubbard were counsel to the amici.

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Improving Rule 4(f)(2)

Posted on September 17, 2020

I’ve occasionally remarked about an odd feature of FRCP 4(f)(2). Rule 4(f)(1) authorizes methods of service that an international convention authorizes (e.g., the central authority mechanism in the Hague Service Convention or the Additional Protocol to the Inter-American Convention). Rule 4(f)(2) authorizes certain other methods of service, but only “if there is no internationally agreed means, or if an international agreement allows but does not specify other means.” This works great for the Inter-American Convention, because that Convention is non-exclusive. It doesn’t exhaustively list every available method of service, but that’s okay, because it doesn’t forbid any methods of service. In other words, it “allows but does not specify” other methods. But the rule doesn’t fit the Hague Service Convention, which is exclusive. If…

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