Thursday, February 11, 2021
Serving foreign corporate defendants with a complaint filed in a U.S. Federal Court has never been an easy task, but the COVID-19 global pandemic and regional shut-down orders have made finding someone to physically serve with process nearly impossible in many locations. Contrary to conventional wisdom, one district court recently made it clear that The Hague Convention is not the only means for effectively serving foreign defendants. Where not expressly prohibited, courts may grant leave to serve foreign defendants by email under certain circumstances.
In
Group One Ltd v. GTE GmbH et al., Case No. 20-CV-2205 (Feb. 3. 2021 E.D.N.Y), the court reaffirmed prior decisions from the district courts in the Second Circuit that the Hague Convention is not the only means, let alone the most preferable means, for serving a foreign defendant with a lawsuit pending in U.S. Federal Court.