Letters Blogatory

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

Posts tagged “Hague Service Convention

Missouri v. China: a Letters Blogatory (Informal) Amicus

Posted on March 10, 2021

I wrote almost a year ago about Missouri v. China, which I called the “unmeritorious case of the day.” This is the case brought by the state of Missouri against the Chinese government, the Chinese Communist Party, the Wuhan Institute of Virology, and the Chinese Academy of Sciences, alleging that the COVID-19 pandemic is “the direct result of a sinister campaign of malfeasance and deception carried out by the Defendants.” When we think, a year later, about the reasons the pandemic has been so bad in the United States, “blame China” seems quaint. Anyway, as I observed in the prior post, leaving aside everything else wrong with the case, it was going to be a challenge to serve process on the defendants, and that’s…

+Read more

Case of the Day: Sale v. Jumbleberry Enterprises

Posted on March 3, 2021

The case of the day is Sale v. Jumbleberry Enterprises USA, Ltd. (S.D. Fla. 2021). Sale brought a fraudulent transfer claim against Jumbleberry, a Canadian company. It encountered delays in serving process and sought an extension of time to effect service, noting that Jumbleberry’s offices in Toronto had been closed due to the pandemic. Eventually, it had a Canadian process server, who was unable to make personal service due to the office closure, mail a copy of the documents to the Jumbleberry office. Jumbleberry moved to dismiss for insufficient service of process. FRCP 4(f)(4)(2)(A) allows service by a method prescribed by the relevant foreign law, and Canada has not objected to alternative methods of service under Article 10 of the Hague Service Convention. Thus…

+Read more

Case of the Day: Parsons v. Shenzen Fest Tech Co.

Posted on March 1, 2021

The case of the day is Parsons v. Shenzen Fest Tech Co. (N.D. Ill. 2021). Parsons sued Shenzen on a product liability claim in 2018. He sought to effect service of process on Shenzen, a Chinese company, via the central authority under The Hague Service Convention. But despite a long period of time and several status requests to the central authority by the “vendor” Parsons had hired to effect service, he had heard nothing from the Chinese central authority. Parsons moved for an order deeming service effected or, in the alternative, granting leave to serve process by email and publication.

+Read more