Legal Opinion · Dissent

Ronald B. Brockmeyer Eromedia, Ltd v. David C. May, and Marquis Publications, Ltd

Court of Appeals for the Ninth Circuit

Decided March 24, 2004No. 02-56283Published

1DissentWilliam A. Fletcher, Circuit Judge

This case substantially expands the ability of federal plaintiffs to serve process on foreign defendants. In a dramatic departure from existing law, the majority holds that a plaintiff in federal district court can serve process on a defendant in England by ordinary first class mail sent from the United States. Not registered mail, not FedEx or DHL, just ordinary first class mail. The kind of mail for which there is no indication that the addressee ever received it. The kind of mail that cannot be used in federal district court for service of process within the United States.

The majority…

2Cases cited22 opinions

  1. Rio Properties, Inc. v. Rio International Interlink, Rio Properties, Inc. v. Rio International InterlinkCourt of Appeals for the Ninth Circuit · 2002
  2. Volkswagenwerk Aktiengesellschaft v. SchlunkSupreme Court of the United States · 1988
  3. Access Telecom, Inc. v. MCI Telecommunications Corp.Court of Appeals for the Fifth Circuit · 1999
  4. Peter R. Ackermann, Dieter Schultze-Zeu, Dietger Feder, Detlef P. Eulitz and Karl-Heinz Lingner v. Ira LevineCourt of Appeals for the Second Circuit · 1986
  5. Prewitt Enterprises, Inc. v. Organization of Petroleum Exporting CountriesCourt of Appeals for the Eleventh Circuit · 2003

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