Lother v. Hayes

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the district court below concluded that actual receipt of the summons is not required under the Hague Convention
• finding that the district court properly determined that a defaulting defendant received service of process where the only evidence that he did not was his own affidavit denying receipt of the summons
• noting that the Hague Convention “does not prescribe the procedure for the forum Court to follow should an element of the procedure fail.”
• finding that the district court properly determined that a defaulting defendant received ser- vice of process where the only evidence that he did not was his own affidavit denying receipt of the summons
• discussing failure to return a formal certificate and noting that “[c]ases addressing similar issues have held that the failure to comply strictly 26 with the Hague Convention is not automatically fatal to effective service”
• “[I]n addition to the Hague Convention, service of process must also satisfy constitutional due process.”

Source: CourtListener parenthetical corpus (CC0).