Bankston v. Toyota Motor Corp.

The Hague Convention (the convention) was a multinational treaty created to facilitate the international service of documents. Article 10(a) of the convention stated that, provided the destination country of the documents did not object, the convention would not interfere with freedoms, including the freedom to “send” (rather than “serve”) judicial paperwork by post directly to people located outside the United States. Japan did not object to this provision. Charles Bankston, Sr., and Regina Dixon (plaintiffs) sued the Japanese corporation Toyota Motor Corporation (Toyota) (defendant) in federal court for damages related to a car accident. Bankston and Dixon’s first attempt to serve process did not comply with the convention. After Toyota filed a motion to dismiss for improper service under the convention, the district court provided additional time for proper service. Bankston and Dixon sent the summons directly to Toyota in Tokyo by registered mail and requested a return receipt. Toyota signed and returned the receipt of service and renewed its prior motion to dismiss. The district court held that Article 10(a) of the convention did not authorize service of process by registered mail on a Japanese corporation. The district court provided Bankston and Dixon another extension to complete service of process in accordance with the convention. Bankston and Dixon filed an interlocutory appeal.