Water Splash: The Denouement
In Water Splash v. Menon, 137 S. Ct. 1504 (2017), the Supreme Court finally resolved the question of whether Article 10(a) of the Hague Service Convention permits service of process by postal channels (it does). That’s the end of the story for Letters Blogatory readers, but it wasn’t the end of the story for the litigants. As I had hoped, the Court was careful in its decision to note that Article 10 permits, but does not itself authorize, service of process by postal channels. The Court remanded the case to the Texas Supreme Court for a decision on whether the service by mail in the case was authorized by Texas law.
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