This year’s American Association for Justice (AAJ) Annual Convention brought trial lawyers from across the country together in Chicago — including our partner, Brian Franciskato.
Brian spoke at the Mass Torts CLE seminar along with Ilyas Sayeg, Justice Law, and Aaron Lukken, Viking Advocates, discussing Service of Foreign Corporations through the Hague Convention.
The Hague Service Convention is an international treaty that establishes a standardized, efficient, and reliable process for serving judicial and extrajudicial documents across international borders in civil and commercial matters. It applies whenever a judicial or extrajudicial document must be transmitted abroad for service.
This process is crucial for legal practitioners and those involved in international legal disputes, as it provides a clear and structured approach to serving documents across borders, ensuring their legal actions are recognized and enforceable in other jurisdictions.
Central Authority: Each contracting state designates a Central Authority who acts as a point of contact for processing and facilitating the service of documents (Article 5).
Article 10 provides flexibility in serving documents internationally, supplementing the standard Central Authority process under Article 5. It ensures that, if the destination state does not object, the Convention does not prevent:
Mail service is valid under HSC 10(a)
Due process requires the plaintiff to undertake a means reasonably calculated, under the circumstances, to provide
Mandatory: this is the only legally recognized channel for transmitting documents.
Exclusive: this is the only valid method for service in Contracting States.
Brian S. Franciskato, a partner at Nash & Franciskato Law Firm in Kansas City, Missouri. He is an accomplished litigator representing plaintiffs in serious personal injury and wrongful death claims. Brian also handles mass tort cases involving defective medical devices on a nationwide level. Brian is a firm believer in professional education and is frequently asked to speak at conferences on topics related to civil litigation, evidence, and products liability.
Nash & Franciskato is dedicated to nationwide representation of individuals affected by automobile and trucking accidents, wrongful death, product liability, defective drugs, medical devices, and other serious injuries caused by others. Our mission is to advocate for people whose lives have been disrupted by negligence and unsafe products.
American Association for Justice (AAJ) promotes justice and fairness for injured persons, safeguards victims’ rights—particularly the right to trial by jury—and strengthens the civil justice system through education and disclosure of information critical to public health and safety. With members worldwide and a network of U.S. and Canadian affiliates involved in diverse areas of trial advocacy, AAJ provides lawyers and paralegals with the information and professional assistance needed to serve clients successfully and protect the democratic values inherent in the civil justice system. Past results afford no guarantee of future results, and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
Past results afford no guarantee of future results, and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
