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Google Alert: You've Been Served....Federal Court Allows Service of Process By E-Mail

The U.S. District Court in Delaware ruled that a defendant can be served via his or her e-mail address, and that a client’s e-mail address is not subject to attorney-client privilege.

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Categories: LitigationFederal CourtsClass ActionsCivil Procedure
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaService of ProcessFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida Litigators
Author(s): Brooke P. Dolara

Fifth District Holds Corporate Registered Agent Is Not Conduit for Witness Subpoenas

On September 16, 2011, Florida's Fifth District Court of Appeal handed down a decision with substantial significance for out-of-state corporations doing business or looking to do business in Florida. In a case involving Kentucky-based, CMI, Inc., the manufacturer of the Intoxilyzer breath alcohol testing instrument used in Florida, DUI defendants had attempted to subpoena the instrument's source code by serving the company's registered in Florida and without complying with the requirements of Florida's Uniform Law to Secure the Attendance of Witnesses from Within and Without the State in Criminal Proceedings (Uniform Law). The Uniform Law, which has been enacted by all 50 states, requires that the judiciary of a witness' home state be allowed to participate in determining the validity of any effort to compel one of its citizens to appear and provide testimony or documentary evidence in another jurisdiction.

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Categories: Litigation
Tags: Edward G. GuedesService of ProcessPersonal JurisdictionUniform LawMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation Lawyer
Author(s): Edward G. Guedes

Fourth District Tightens Requirements for Service by Publication

On August 17, 2011, Florida's Fourth District Court of Appeal, in Parker v. LaSalle Bank National Association, Case No. 4D10-482, articulated the requirements for an affidavit of diligent search that establishes "reasonable diligence" (i.e. justifying substitute service of a complaint).

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Categories: LitigationCivil Procedure
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaService of ProcessService by PublicationFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysMatthew H. Mandel
Author(s): Daniel A. Seigel