Nuovo Pignone, SpA v. Storman Asia M/V
United States Court of Appeals for the Fifth Circuit
310 F.3d 374 (2002)
- Written by David Bloom, JD
Facts
Nuovo Pignone, SpA (plaintiff) hired an Italian shipping company, Fagioli, S.A. (defendant), to transport cargo from Italy to Louisiana. The cargo was damaged during the shipment. Nuovo Pignone sued Fagioli in Louisiana for breach of contract and torts. Nuovo Pignone served Fagioli by mailing the complaint to Fagioli in Italy. Fagioli motioned to dismiss the action for lack of personal jurisdiction, arguing that foreign service of process by mail was improper under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Hague Service Convention). The district court denied the motion. Fagioli appealed.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
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