Loeb v. First Judicial Dist. Court

Petitioner brought a shareholder derivative suit on behalf of real party in interest Universal Travel Group (UTG) against the officers and directors of the UTG (collectively, the Jiang parties). The Jiang parties all resided in China. When Petitioner was unable to locate the Jiang parties' addresses, Petitioner moved the district court pursuant to Nev. R. Civ. P. 4(e)(1) to permit service by publication. UTG opposed the motion, arguing that Petitioner was required to comply with the terms of the Hague Convention (Convention). UTG later provided Petitioner with the Jiang parties' addresses in China. The district court denied Petitioner's motion to permit service of publication, concluding that such service was not allowed by the Convention when a defendant's address is known. The district court then ordered to serve the Jiang parties in compliance with the terms of the Convention. Petitioner filed this petition for a writ of mandamus or prohibition, arguing that the terms of the Convention did not apply in this case. The Supreme Court denied the petition, holding that, based on the plain language of Rule 4(e)(1), a party residing outside of the United States whose address is known must be served according to the terms of the Convention. View "Loeb v. First Judicial Dist. Court" on Justia Law