Nuovo Pignone S P A v. Storman Asia MV

How courts have described this case

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

• relying on canons of statutory interpretation and adopting the reasoning of the courts which concluded that article 10(a) of the Hague does not permit service of process by mail
• accepting uncontroverted allegations as true and resolving factual disputes in Plaintiff’s favor this stage
• “we rely on the canons of statutory interpretation rather than the fickle presumption that the drafters use of the work ‘send’ was a mere oversight”
• “As a voluntary member of the economic chain that brought the reactor to Louisiana, [party seeking dismissal] purposely has availed itself of the privilege of conducting business in that state.”
• “It is unlikely that the drafters would have put in place these methods of service requiring the direct participation of government officials, while simultaneously permitting the uncertainties of service by mail.”
• Fifth Circuit reversing the district court‟s decision that service of process by mail was permissible under the Convention, but remanding the case to allow Nuovo Pignone a reasonable time to effect service properly

Source: CourtListener parenthetical corpus (CC0).