PROBLEM 3'4: SERVICE OF PROCESS ON FOREIGN DEFENDANTS

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PROBLEM 3.4 SERVICE OF PROCESS ON FOREIGN
DEFENDANTS
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DO WE HAVE PERSONAL JURISDICTION?

• To acquire valid personal jurisdiction
• Need minimum contacts/other jurisdictional test
• VALID SERVICE OF PROCESS

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KEY QUESTIONS

• WHAT IS THE LEAST EXPENSIVE, EFFECTIVE, AND VALID
  METHOD OF SERVICE ON THE DEFENDANTS?
• In order to obtain valid personal jurisdiction
  over defendants in U.S.
• In order to enforce U.S. judgment abroad

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KEY QUESTIONS

• HOW DO WE DETERMINE VALID SERVICE OF PROCESS?
• -Federal law
• -State long-arm statute
• -Hague Service Convention

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SERVICE OF PROCESS ON DROF-AG (GERMANY)

• Plaintiffs counsel propose three methods
• -Serve DROF-AG executive while in the U.S. (tag
  jurisdiction)
• -Treat VUSCO as alter ego of DROF-AG and use
  substituted service provisions under NJ law and
  serve VUSCO by mail.
• -Serve DROF-AG via Secretary of State

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SERVICE OF PROCESS ON CANTIRE (CANADA)

• Plaintiffs counsel mails copy of summons and
  complaint directly to CANTIRES headquarters in
  Canada

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SERVICE OF PROCESS BY DROF-AG ON CANTIRE

• DROF-AG wants to use waiver of service
  provisions under FRCP 4(d)

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HOW DO THE CASES APPLY?

• Omni Capital Intl v. Wolff
• Pinker v. Roche Holdings Ltd.
• Brockmeyer v. May
• Volkswagenwerk, A.G. v. Schlunk
• Bankston v. Toyota Motor Corp.

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CHECKLIST

• Must ensure that venue and subject matter
  jurisdiction requirements are met, then look at
  personal jurisdiction.
• Minimum contacts/other jurisdictional test
• Valid service of process
• Is it valid according to federal law, state
  long-arm statute, and any international
  conventions it may fall under?
• How will it affect enforcement of U.S. judgment
  in foreign country?