Securities & Exchange Commission v. Internet Solutions for Business Inc.

How courts have described this case

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

• holding \a signed return of service constitutes prima facie evidence of valid service which can be overcome only by strong and convincing evidence\
• finding that defendant did not rebut the presumption of service by clear and convincing evidence given the process server’s sworn affidavits and the district court’s finding that the defendant was less credible than the process server
• noting “the plaintiff generally has the burden to establish jurisdiction” by 3 showing proper service
• finding, on a motion to vacate 18 summary judgment, that defendant’s own affidavit contesting service was not “strong and convincing evidence” rebutting process server’s affidavit that he’d personally served defendant
• finding waiver of claim of insufficient service based upon failure to comply with the Hague Convention where not raised in motion to vacate default judgment or in reply to opposition to motion in the district court
• affirming denial of motion to vacate default judgment and rejecting improper service argument, explaining: “A signed return of service constitutes prima facie evidence of valid service which can be overcome only by strong and convincing evidence.”

Source: CourtListener parenthetical corpus (CC0).