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Case of the Day: Department of Human Services v. M.C.-C.
The case of the day is Department of Human Services v. M.C.-C. (Or. Ct. App. 2015). The Oregon Department of Human Services brought a dependency proceeding against a father who lived in Mexico but whose four children lived in Oregon. The DHS served process via a private courier that required a signature at delivery. This……
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Mexico Update: Supreme Court Refuses Recognition of US Judgment On Service of Process Grounds
In a recent post at Cartas Blogatorias, María Mercedes Albornoz has written about a recent amparo case in the Mexican Supreme Court of Justice in which the court refused to reverse a lower court’s decision refusing recognition of a US decision on the grounds that the defendant was not served personally with process.
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Case of the Day: In re Estate of Sucich
The case of the day is In re Estate of Sucich (N.Y. Surr. Ct. 2015). Diana Sucich named her nephew, Nicholas Sucich, in her will, and he was therefore entitled to receive service of a citation in the probate case. However, according to the application of the nominated executor, Wolfson, Nicholas was “alleged to be……
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Hague Service and Evidence Conventions: The US Central Authority’s Unusual Interpretation
A reader wrote in with the following case. He (a Mexican lawyer) asked PFI, the contractor that carries out the day-to-day work of the Department of Justice in its capacity as central authority for the United States under the Hague Service Convention, to serve a summons on a Mexican national in the United States. The……
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Case of the Day: Garcia v. Kerry
The case of the day is Garcia v. Kerry (5th Cir. 2014). Ernesto Garcia applied to the State Department for a passport. He included with his application a Texas birth certificate purporting to show that he was born in Laredo, Texas. The State Department requested additional information, because, it said, The person who certified the……