News & Analysis as of

Service of Process

Fox Rothschild LLP

Not all FedEx’s are created equal, at least when it comes to service

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A party trying to serve their pleading used FedEx, but not the right FedEx. Turns out there are a slew of similarly-named FedEx’s, but only certain ones are approved “designated delivery services” under Rule 4. They used...more

Katten Muchin Rosenman LLP

Answer Your Lawyer's Emails

A recent opinion of the D.C. Court of Appeals is, on the surface, about procedural doctrines on service of process and court notices. But the case also teaches a simpler lesson: Answer your lawyer’s emails....more

Epstein Becker & Green

Key Takeaways From Recent Amendments to the New Jersey Court Rules

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The Rules Governing the Courts of the State of New Jersey were amended effective September 1, 2024, after being approved by the Supreme Court of New Jersey earlier this year....more

Farrell Fritz, P.C.

Return to Sender: Commercial Division Issues Warning Regarding the Fatal Consequences of a “Short Return Date”

Farrell Fritz, P.C. on

As readers of this blog no doubt are aware, clients sometimes take a “shoot first, ask questions later” approach during the early stages of litigation. This is especially true when bringing a CPLR 3213 motion for summary...more

Freiberger Haber LLP

Problems Related to “Short” Return Dates on Notices of Motion for Summary Judgment in Lieu of Complaint Pursuant to CPLR 3213

Freiberger Haber LLP on

CPLR 3213, which is a procedural device permitting a plaintiff, under certain circumstances, to obtain summary relief at the very beginning of a lawsuit, provides, in pertinent part: When an action is based upon an...more

BCLP

Courts at the Forefront of Innovation - Creating New Options for Service and Enforcement in Digital Asset Fraud Cases

BCLP on

Financial fraud is one of the most corrosive forms of corruption. Digital assets, and particularly cryptocurrency, are a ripe target for fraud. Frauds involving digital assets have grown significantly in recent years....more

Freiberger Haber LLP

Renewal Judgments Under CPLR 5014 in the Face of Defective Service of Process

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By Jonathan H. Freiberger Today’s article relates to renewal judgments under CPLR 5014 in the face of potentially defective service of process. This BLOG has previously addressed CPLR 5014...more

Mayer Brown

UK Court of Appeal declines to modify diplomatic immunity rules, upholding immunity of the President of Mozambique

Mayer Brown on

In February 2024, the Court of Appeal of England & Wales upheld a September 2023 decision of the Commercial Court in The Republic of Mozambique v Credit Suisse International And Others (No.10), finding that: (1) the President...more

BCLP

Courts at the Forefront of Innovation - US and UK Approaches to Service and Enforcement in Digital Asset Fraud Cases

BCLP on

Fraud involving digital assets, specifically cryptocurrency, is rapidly increasing on both sides of the Atlantic. In the UK, the value of reported crypto-fraud increased 41% between 2022/2023 reaching a record £306m, whilst...more

Esquire Deposition Solutions, LLC

The Need to Translate Pleadings for Service Overseas

A recent blog described the times when litigators are required to translate into English foreign-language documents exchanged during pretrial discovery, an increasing obligation driven by the global reach of modern...more

ArentFox Schiff

Look Before You Leap: Nine Fundamentals of Effective Subpoena Responses

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Companies commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response....more

U.S. Legal Support

How to Hire a Process Server: 3 Tips for Success

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Whether you’re a new lawyer, a veteran legal professional, a large law firm, or a small boutique agency, you’ll likely need to hire a process server for certain cases. Perhaps you’ve worked with professional process servers...more

Fox Rothschild LLP

A Rule 4 Service Drama: all FedEx, DHL and UPS Delivery Modes are not Created Equal

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A counterclaim plaintiff’s claims in a complex trade secret action involving the development of cell-cultured human milk suffered a rather pedestrian fate given the important technological stakes. The counterclaim defendants...more

Kilpatrick

Current Developments in Cross-Border Litigation | Service of Process on a Foreign Party

Kilpatrick on

In Lucero v. Wheels, Limited, 2023 WL 8622293 (5th Cir. Dec. 13, 2023), Plaintiffs sought to serve the defendant in India. Plaintiffs tried to serve through two international process service companies and the Central...more

U.S. Legal Support

What Kind of Papers Does a Process Server Serve?

U.S. Legal Support on

A process server is integral to initiating court cases in the legal system. But what is a process server, exactly? In simplest terms, the process server must ensure the timely and lawful delivery of court documents to...more

Latham & Watkins LLP

Wyoming Adopts New Legal Structure for DAOs

Latham & Watkins LLP on

The legislation allows decentralized autonomous organizations to gain legal entity status and operate within the bounds of applicable law. ...more

U.S. Legal Support

What is a Process Server and Why You Need One

U.S. Legal Support on

Whenever you initiate a lawsuit, you must give formal paperwork to the party (or parties) you are suing to inform them of the impending process. The individual responsible for delivering that paperwork is known as the process...more

Cooley LLP

Court Strikes Out Claim Served by Email but Suggests Service Rules Should Be Reviewed

Cooley LLP on

In Chehaib v. King’s College Hospital NHS Foundation,[1] the High Court of England and Wales dismissed the claimant’s application for relief in respect of a claim form that had expired, having been ineffectively served via...more

Jenner & Block

Illinois Civil Practice Guide - 2024 Edition

Jenner & Block on

I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A....more

Latham & Watkins LLP

English High Court Urges Reform of Service by Email

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The time is right to review the rules on electronic service, says judge in a case involving invalid service of claim form. A recent decision in the English High Court highlights the continued need for litigants to...more

Haug Partners LLP

Federal Court Highlights Important Considerations Concerning Foreign Trademark Owners Designating A Domestic Representative For...

Haug Partners LLP on

A recent decision at the Central District of California shines a bright light on the, perhaps unintended, consequences for ex-US trademark owners that choose to designate a domestic representative for service of process at...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Court Issues a Decision Extending Time for Service and Permitting Alternative Service Methods to Foreign...

On July 17, 2023, Justice Reed of the New York County Commercial Division issued a decision extending the time for service and permitting the Plaintiff in Zantaz Enter. Archive Solution, LLC v. Adecco IT Servs., Inc., Index...more

Jones Day

Deadline IPR Service Fails to Bar Institution

Jones Day on

The PTAB recently granted institution of inter partes review despite the Patent Owner not receiving the petition for the proceeding until three business days after the statutory deadline. See Kahoot! ASA and Kahoot Edu, Inc.,...more

Latham & Watkins LLP

China Amends Foreign-Related Civil Procedure Rules

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On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments...more

Troutman Pepper

Georgia Federal Court Holds that Service of a Complaint Triggers the Statute of Limitations for a Subsequent FDCPA Claim

Troutman Pepper on

On August 24, the U.S. District Court for the Southern District of Georgia denied the defendant’s motion to dismiss claims asserted under the Fair Debt Collections Practices Act (FDCPA), holding that for claims based on...more

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