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Friday, April 17, 2009

A brief detour into international civil procedure

Aaa In a case that could have major implications for U.S. civil actions against Mexican parties, a U.S. district court has held that the only way of lawfully serving a Mexican defendant is through the country's central authority in the Ministry of Foreign Affairs.  The case,OGM Inc v. Televisa, 08-cv-05742 (C.D. Calif.), is a breach of contract and copyright action against a leading Mexican broadcaster.

Apparently U.S. plaintiffs for the last decade or so have been serving Mexican defendants by mail or through a process server, but that practice, said the court, is based on an erroneous translation of Mexico's declarations under the Hague Convention.  The ruling could have a major impact on many decisions entered against Mexican defendants who did not appear to defend themselves.

[Frank Snyder]

http://lawprofessors.typepad.com/contractsprof_blog/2009/04/in-a-case-that-could-have-major-implications-for-us-civil-actions-against-mexican-parties-a-us-district-court-has-held-t.html

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