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ARTICLE · 28 FEBRUARY 2017

A Challenge To Hague Service By Mail Is Now Before The SCOTUS…Finally

Wilson Elser Moskowitz Edelman & Dicker LLP
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In Water Splash v. Menon, case number 16-254 before the U.S. Supreme Court, a long-standing and deep split of authority on a basic question involving international service of process...

United StatesConsumer Protection
Thomas DeMicco
Thomas DeMicco
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In Water Splash v. Menon, case number 16-254 before the U.S. Supreme Court, a long-standing and deep split of authority on a basic question involving international service of process has finally reached the high court. This case was granted certiorari by the Court in early December 2016. It has been briefed by both sides and is now set for argument to proceed on March 22, 2017. The question presented is whether the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention) allows service of process by mail.

This issue arises quite often in product liability cases where the defendant is a foreign entity. The Hague Service Convention is a treaty that allows for service of process of legal documents from one member country to another member country without the use of consular or diplomatic channels. It was created in 1965 and its purpose was to create a uniform method for delivering notice of

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