Water Splash, Inc. v. Menon
United States Supreme Court
137 S.Ct. 1504 (2017)
- Written by David Bloom, JD
Facts
Water Splash, Inc. (plaintiff) filed suit against Tara Menon (defendant), a Canadian resident, in a Texas state court, alleging that Menon had improperly worked for a competitor while still employed by Water Splash. The court permitted Water Splash to serve Menon by mail to Menon’s residence in Canada. Menon did not answer or appear in the lawsuit, resulting in the entry of a default judgment against Menon. Menon moved to vacate the default judgment on the grounds that service of process abroad by mail was improper. The trial court denied the motion. Menon appealed, arguing that the Hague Service Convention did not permit service by mail. The treaty’s history showed that its drafters, the executive branch, and other countries that signed it had all agreed that service by mail was allowed. Nevertheless, a majority of the Texas Court of Appeals sided in favor of Menon, holding that the Hague Service Convention prohibited service by mail, but did not consider whether this method of service was otherwise permitted under Texas law. Water Splash appealed to the United States Supreme Court, and certiorari was granted.
Rule of Law
Issue
Holding and Reasoning (Alito, J.)
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