District Court Quashes Substituted Service on Chinese Defendant
In a recent decision, Topstone Communications, Inc. v. Chenyi Xu, a federal court in Texas (Judge Keith Ellison) held that a plaintiff headquartered in Texas must serve defendants based in China by using the Hague Service Convention. The opinion provides a good analysis of how both substituted service on a state official and service by email…
Continue ReadingSubstituted Service and the Hague Service Convention
Can state law be used to avoid a federal treaty, even though the Supremacy Clause of the U.S. Constitution makes treaties supreme over state law? The somewhat surprising answer is yes—at least when it comes to the Hague Service Convention and state rules on substituted service. The Hague Service Convention governs transnational service of process…
Continue ReadingService by Email and the Hague Service Convention
The Hague Service Convention was concluded in 1965. So how does the most important means of communication today fit with the Convention?
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