Letters Blogatory

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

Posts tagged “Hague Service Convention

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…

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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.

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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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