Two Judge Albright Rulings Require Hague Service Convention For Non-U.S. Defendants

On November 16 and November 18, 2021, U.S. District Judge Alan Albright issued two rulings in favor of utilization of the Hague Service Convention for non-U.S. defendants from signatory countries. Together, the two rulings could force plaintiffs suing in the Western District of Texas to serve defendants pursuant to the Hague Service Convention, rather than serving a nonresident defendant under the Texas long-arm statute or alternative service under Federal Rule of Civil Procedure 4(f)(3).

In The Trustees of Purdue University v. STMicroelectonics International N.V. et al. (Purdue University), plaintiffs applied for leave to serve one of the three defendants by alternative service. In denying the motion, the court stated that it "has time-and-again recognized that principles of comity encourage the court to insist, as a matter of discretion, that a plaintiff attempt to follow foreign law in its effort to secure service of process upon a defendant." (Internal