Desperately Seeking Interlocutory Appeal
Despite some excellent opinions correctly interpreting the Hague Service Convention (HSC) and Rule 4(f)(3) in recent years, the district courts continue to be deeply divided on recurring questions of international service of process, in particular the permissibility of service by email or by other electronic means. Bill Dodge and I think such questions are clearly…
Continue ReadingImmediate Appeals in Foreign Sovereign Litigation
Foreign governments have many advantages in litigation. Chief among them is sovereign immunity. Under the Foreign Sovereign Immunities Act, foreign states and their agencies and instrumentalities are immune from suit in United States courts unless the case falls within one of the statute’s specific exceptions to immunity. That substantive immunity also confers important procedural advantages. …
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