Case Law Summaries

Federal - Service of Process Under Hague Convention

Water Splash, Inc. v. Menon, No. 16-254 (5/22/2017).  The US Supreme Court resolved a split in the Circuits on the issue of whether the Hague Service Convention (a treaty governing service of documents in foreign countries) prohibits service of process by mail.  The Court ruled that it does not.  The conflict centered around Art. 10(a) which states that the Convention shall not interfere with the freedom to send judicial documents by postal service.  Some courts had interpreted “sending documents” as excluding service of process.  However the Court held that the purpose, text, and structure of the Convention strongly suggests that it Art. 10(a) includes service of process.  

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