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Alternative Service

Alternative Service Denied

December 1, 2020December 1, 2020 msmithAlternative Service, TEXIPLAWBLOG, WDTX, WDTX Cases

Yes, it is possible to screw this up.

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E-mail Service Permitted (& Social Media Too)

October 13, 2020October 13, 2020 msmithAlternative Service, Copyrights and Trademarks, SDTX, TEXIPLAWBLOG

Meanwhile, things are going better for alternative methods of service down in Houston.

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E-mail Service Rejected

October 13, 2020October 13, 2020 msmithAlternative Service, EDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

While I can’t confirm that “there’s magic in the wake of a fiasco,” as the song says, I can say that this didn’t work.

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Substituted Service, 214-style (email to the lawyers)

September 25, 2020September 25, 2020 msmithAlternative Service, NDTX, TEXIPLAWBLOG

Judge Godbey literally checked the boxes in this order.

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More Alternative Service

September 14, 2020September 14, 2020 msmithAlternative Service, TEXIPLAWBLOG, WDTX, WDTX Cases

The court granted a motion for leave to use an alternative form of service.

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Service of Process x 3

August 10, 2020September 14, 2020 msmithAlternative Service, TEXIPLAWBLOG, WDTX, WDTX Cases

The service of process orders are stacking up in Waco if you need to know what works and what doesn’t. Here are three more.

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Alternative Service of Counsel by Email Granted

June 17, 2020September 14, 2020 msmithAlternative Service, TEXIPLAWBLOG, WDTX, WDTX Cases

The Court granted the plaintiff’s motion for leave to effect alternative service, providing a non-Hague option in this case.

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Motion for Alternative Service

June 26, 2019September 14, 2020 msmithAlternative Service, Commentary, TEXIPLAWBLOG, WDTX

Plaintiff sought leave to serve summons and the Original Complaint on Defendant through its domestic subsidiary and US-based counsel. Judge Albright reviewed the relevant standards before deciding whether due process was satisfied in this case.

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Motion for Alternative Service

June 4, 2019September 14, 2020 msmithAlternative Service, TEXIPLAWBLOG, WDTX, WDTX Cases

Effective service of process on foreign corporations sometimes requires seeking leave of court for alternative means of service. This decision by Judge Albright sets out the relevant principles before determining whether the requested alternative means were appropriate under the circumstances.

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Welcome!

This weblog focuses on practice in the U.S. District Court for the Eastern District of Texas, as well as intellectual property litigation in all Texas federal courts, with special emphasis on patent litigation.

Author

Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Siebman, Forrest, Burg, & Smith, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20 years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
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