International

Serving a Defendant Abroad? Three Common International Service Problems

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Issues with international service of process can cause significant headaches for the plaintiff trying to pursue a lawsuit against an overseas defendant. International service of process is particularly important when it comes to collecting a judgment issued by a domestic court against a foreign defendant. Below are the three biggest issues that come up when…

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Service of Process at the Vatican City

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The Catholic Church has had several lawsuits filed against it around the world by victims of alleged sexual abuse by the clergy. Attorneys representing survivors have filed claims against the Vatican and argue that the Holy See has benefited from the support of archbishops, parishioners, and others who knew of the abuse and yet actively…

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Head of Catholic Church Calls for End to Anti-LGBTQ+ Laws

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Pope Francis recently criticized laws as unjust that make homosexuality criminal, according to a recent report by The Guardian. The head of the Holy See further noted that God loves all people as they are and called on Catholic bishops to welcome LGBTQ+ into their churches. The Pope acknowledged that some Catholic bishops around the…

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Hague Convention Guides Germany’s Amendments on Pre-Trial Discovery

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Germany Stops Prohibiting Pre-Trial Discovery Under Hague Convention It is no secret that when it comes to international law, judicial power ends at the country’s borders. As a result, courts need help from foreign courts when a party is seeking discovery outside of its jurisdiction. German courts used to flat-out refuse to execute a pre-trial…

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Taking a Deposition of a Witness in Mexico

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If you or someone you know is involved in a lawsuit and needs to take the deposition of a witness in Mexico, it is important to know what options you have under the law. Simply put, you are allowed to depose a willing witness in Mexico but there are some restrictions according to the U.S.…

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Served With a Lawsuit From Overseas? Understanding the Hague Convention

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When someone is served with a lawsuit that originated overseas, they may not know how different this type of litigation can be from a domestic lawsuit. In such scenarios, if the Plaintiff’s and Defendant’s home country is a signatory to the Hague Convention on the Service Abroad of Judicial & Extrajudicial Documents in Civil or…

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The Hague Convention on Child Adoption

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For those who want to be parents, adoption is a viable option and can occur domestically or internationally. The Hague Convention on Protection of Children & Cooperation in Respect of Intercountry Adoption (the “HCCA”) is a multilateral treaty between more than 75 countries, including the United States, that became effective in April 2008. The HCCA…

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Foreign Sovereign Immunities Act: Recent SCOTUS Decision

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Foreign Sovereign Immunities Act: Recent SCOTUS Decision   Last year, the Supreme Court of the United States (SCOTUS) made multiple decisions addressing the application of the Foreign Sovereign Immunities Act (FSIA). This federal law was enacted in 1976, creating the legal presumption that foreign nations are not subject to the jurisdiction of American courts. There…

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Hungary’s Asylum Criminal Law Violates European Union Law, According to EU Court

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The EU’s Court of Justice of the European Union (CJEU) recently ruled that Hungary’s law that criminalizes organization support for asylum seekers violated European Union law. Hungary’s Law The law at issue is Hungary’s asylum law. The law restricts asylum admissibility, permits restrictions on freedom of movement for offending suspects, and criminalizes activities that aids…

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Failure to get Translation Gets Foreign Case Dismissed

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On May 8, 2019, the Higher Regional Court of Frankfurt (“HRCF”) in Germany held that although a translation of the statement of claim is not required under the law, a plaintiff is responsible for doing so if he or she opts for a translation under Regulation (EC) No. 1393/2007 on the service in the Member…

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Investigation Exposes Weaknesses in Vatican City’s Judicial System

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Investigation Exposes Weaknesses in Vatican City’s Judicial System   A recent criminal investigation into a Vatican City real estate investment has revealed weaknesses in the Holy See’s judicial system, including a lack of protections for those accused. The result, it seems, is that the judicial system and procedures are incompatible with European norms.   Understanding…

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Part II: Japanese Government Objects to Service by Mail Under the Hague Convention

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In our last post, we explained that the Convention on the Service Abroad of Judicial & Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention”) is a multilateral treaty adopted on November 15, 1965 by member nations of the Hague Convention on Private International Law (the “Convention”). This Hague Service Convention created unified rules…

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