Letters Blogatory

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

Posts tagged “Service by publication”

Case of the Day: Chukkapalli v. Mandava

Posted on July 11, 2017

The case of the day is Chukapalli v. Mandava (Tex. Ct. App. 2017). The case was a divorce case. The couple had resided in India, but the wife moved to Texas and then filed a divorce petition there. The wife’s counsel sought to serve the husband by personal delivery in India via a process server apparently appointed by an Indian court, but the husband refused to accept the papers. The wife also served process by publication in Texas, which (I will assume) was permissible under Texas law. On this basis, when the husband did not appear, the Texas court granted the wife a divorce. The husband then moved for a new trial on the grounds that he had not been properly served with process.…

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Case of the Day: United States v. Public Warehousing Co.

Posted on March 6, 2017

The case of the day is United States v. Public Warehousing Co. KSC (N.D. Ga. 2017). The government’s claim was that the Public Warehousing Co. and Sultan Center Food Products, two Kuwaiti companies, had overcharged the United States on government contracts. According to the judge, for six years, the government and the relator “have been diligently attempting to serve the Defendants but have been consistently rebuffed by the Kuwaiti government.” The government moved for leave to serve process by alternate means, and the court granted leave to serve process by service on PWC’s US lawyer, by publication, and by international courier. (I’m simplifying a bit because there were several defendants and because both the government and the relator served process).

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Case of the Day: SEC v. China Intelligent Lighting and Electronics

Posted on February 12, 2014

The case of the day is SEC v. China Intelligent Lighting and Electronics (S.D.N.Y. 2014). The Securities and Exchange Commission sued Xuemei Li, the president and CEO of China Intelligent Lighting and Electronics, and Tianfu Li, the chairman and CEO of NIVS IntelliMedia Technology Group, Inc., for securities fraud. Both resided in China. The SEC sought leave to serve the two by alternate means under FRCP 4(f)(3). Specifically, the SEC sought leave to serve process by publication in the International New York Times and by e-mail.

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