News & Analysis as of

Service of Process

Cooley LLP

Warranty Claims: Notification and Service Requirements Under the Microscope (Again)

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The English Court of Appeal has handed down an important judgment in Farley v. Paymaster (Equiniti) on when compensation may be claimed for nonmaterial damage (such as distress or anxiety) arising out of breaches of the...more

Freiberger Haber LLP

When a Filing is Not a Filing

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On occasion, we examine procedural matters that have an impact on the substantive rights of the parties. In Richardson v. Beal, 2025 N.Y. Slip Op. 32804(U) (Sup. Ct., N.Y. County July 24, 2025) (here), the procedural matter...more

Proskauer - Minding Your Business

Removal? Snap to it!

The forum defendant rule normally bars removing a state case to federal court when there is a forum defendant, even if the parties are otherwise diverse. A rarely-used method is the exception to this rule. Using a procedure...more

U.S. Legal Support

Leveraging Technology for Effective Process Serving

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Law is one of several industries that rely on process servers to perform official document delivery—a challenge when targeting individuals who are either actively avoiding the law or living in a highly mobile or...more

Carlton Fields

Florida Appeals Court Decisions Week of July 28 - August 1, 2025

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U.S. Eleventh Circuit Court of Appeals - Pop v. LuliFama.com - class action, FDUTPA, influencers - Perfection Bakeries v. Retail Wholesale - pension fund, withdrawal liability - Bayse v. Philbin - qualified...more

Clark Hill PLC

Colorado Court of Appeals clarifies permissibility of substituted service of process under Hague Service Convention

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The Colorado Court of Appeals recently issued an important ruling in Sebastian Holdings, Inc. v. Johansson that clarifies when courts can authorize substituted service of process for foreign litigation under the Hague Service...more

Carlton Fields

Florida Appeals Court Decisions Week of June 23 - 27, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Zayas - currency transaction report, filing - Cunningham v. Cobb - § 1983, qualified immunity...more

Farrell Fritz, P.C.

No Service Shortcuts Abroad: The Limits of Alternate Service Under CPLR 308

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When litigants pursue claims against foreign defendants, the question of how to serve them is more than procedural – it’s jurisdictional. As many readers of this blog are aware, CPLR 308  authorizes alternate service methods...more

Troutman Amin LLP

OVER THE HILL: Litigator Adean Hill Jr. Just Can’t Seem to Get Service Accomplished

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TCPAWorld has a bunch of little side stories in addition to all the big ones. Here’s a quick one for you. In Adean Hill v. Amity One Tax, 2025 WL 1592957 (N.D. Tex. June 5, 2025) the Court gave Hill one last chance to serve...more

Venable LLP

Supreme Court Confirms Jurisdictional Requirement for Foreign Sovereigns

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To resolve longstanding confusion over the scope of foreign countries' sovereign immunity in U.S. courts, Congress in 1976 passed the Foreign Sovereign Immunity Act ("FSIA"). The FSIA draws a bright line: "foreign states and...more

Kennedys

Evasive maneuvers: How US courts sidestep the Hague Service Convention and effects on foreign defendants

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Despite recent fluctuations in trade policy in the US, companies engaged in international shipping find US courts are increasingly familiar territory. But when a foreign shipping company is sued in the US, how that company is...more

U.S. Legal Support

How to Hire a Process Server in California

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Getting legal papers to individuals who aren’t eager to receive them is a challenge that has spawned an entire career path for some.  Process servers deliver official court documents to their intended recipients according to...more

Maynard Nexsen

Alabama Supreme Court Alert - May 2025

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The Alabama Supreme Court issued its weekly release list on Friday, May 9. The opinions of interest to the Alabama business community include the following...more

Freeman Law

Can Texas Plaintiffs Serve Process on the Home-State Registered Agents of Out-of-State Defendants?

Freeman Law on

An analysis of Lawton Candle v. BG Personnel LP and Texas Rule of Civil Procedure 108. In a recent case, Lawton Candle v. BG Personnel LP, the Dallas Court of Appeals overturned a default judgment against an Oklahoma LLC...more

Offit Kurman

Serving Hard-to-Find Defendants – Motions for Alternate Service

Offit Kurman on

Filing a complaint in a New York court can be easy. But after a plaintiff files that complaint, the plaintiff must serve the defendant with the summons and complaint. Failing to serve the defendant properly may lead the case...more

Tyson & Mendes LLP

Civil Procedure Updates to Know in New York for 2025

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In 2025, get ready for a whirlwind of updates across the state. From personal jurisdiction to discovery and beyond, some recent cases are shifting the landscape in New York. Read below to find out what happened and learn the...more

Fox Rothschild LLP

Ace is the Place for Many Things, but not Always for Proper Rule 4 Service

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Ace Hardware was long advertised as “the place with the helpful hardware man,” but even well-stocked aisles of tools and DIY accessories have their limitations. In Pro-Tops, Inc. v. Yuriy Maksimenko, 2025 NCBC 4, it turned...more

Carlton Fields

Florida Appeals Court Decisions Week of February 17 - 21, 2025

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U.S. Eleventh Circuit Court of Appeals - Wilson v. Hearos - removal by nonparty, service of process, Ga law - USA v. Lemus - Maritime Drug Law Enforcement Act, constitutional challenges...more

Carlton Fields

Snap, Crackle, Remove: Gamesmanship or Winning Strategy? The What, When, and Where of Snap Removal

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Snap removal is a rare but useful procedural device to remove an action from state to federal court under the diversity jurisdiction rules, even when the plaintiff’s complaint names an in-state defendant as a party....more

Falcon Rappaport & Berkman LLP

New York Bankruptcy Court Authorizes Service via Non-Fungible Tokens on Cryptocurrency Wallet Owners

A recent decision by the United States Bankruptcy Court for the Southern District of New York may have significant implications for digital asset holders and users. The decision, issued on October 24, 2024, granted a motion...more

Lasher Holzapfel Sperry & Ebberson PLLC

Regaining Possession of Real Property – Unlawful Detainer or Ejectment?

One of the greatest hurdles faced by landlords and property owners is regaining possession of real property in a timely manner. Unlawful Detainer (also referred to as an eviction) and Ejectment are actions are used by...more

Marshall Dennehey

Pennsylvania Supreme Court Held that When Plaintiff Fails to Meet the Burden of Demonstrating Good Faith Effort in Diligently and...

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Ferraro v. Patterson-Erie Corp., 313 A.3d 987 (Pa. April 25, 2024) - In deciding whether a complaint served after expiration of the applicable statute of limitations period was time-barred, the Supreme Court of Pennsylvania...more

IR Global

Service of Process in the Cayman Islands

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Legal processes involving foreign entities in the Cayman Islands are governed by the civil procedure rules of the jurisdiction where the claim was filed. We strongly recommend that clients familiarize themselves with the...more

Lowndes

New Year, New Rules: Uniform Trial and Case Management Order Starts January 2025

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On Tuesday, the Business Law Committee of the Orange County Bar Association held a program featuring Judges Chad Alvaro, Margaret Schrieber, and Heather Pinder-Rodriguez, moderated by Lowndes attorney and OCBA Business Law...more

Carlton Fields

Florida Appeals Court Decisions: Week of October 28-November 1, 2024

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U.S. Eleventh Circuit Court of Appeals - Schleider v. GVDB Operations - removal, remand, federal officer - USA v. Lightsey - sentencing, ACCA - Romano v. John Hancock - foreign tax credits, ERISA - Davis v. Ala...more

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