Dot Your i's And Cross Your t's Before Service: It Could Be Worth $2.5 Million

When De Gazelle Group, Inc. sought to use FedEx for service of process of a Saudi Arabian company, Tamaz Trading Establishment, it reliably arrived at the Saudi Arabian post office. In fact, a Tamaz agent, seeking legal representation, even called De Gazelle's lawyer stating that he received it. Yet, the Eleventh Circuit recently found that service was improper, likely resulting in a reversal of a $2.5 million default judgment entered in the case.

The Eleventh Circuit based its discussion on the plain words of Federal Rule of Civil Procedure 4(h), which permits the service of corporations outside of the United States "in any manner prescribed by Rule 4(f) for serving an individual except personal delivery." Thus, remaining methods of service are: (1) an internationally agreed upon means of services reasonably calculated to give notice; (2) if there is not an internationally agreed upon means of service then as prescribed by a foreign country's law for service, as