Service of Process

James Franco

Gossip blogs are frankly not the most accurate sources upon which to base one’s due diligence.

Jura Zibas of Wilson Elser, one of James Franco’s lawyers, noting in a court filing that an attempt to serve her client at an address gleaned from an online celebrity gossip site was laughable.

(As it turns out, the address was wrong, and Franco’s lawyers successfully had the case dismissed.)

‘What do you mean I’ve been sued?’

Facebook has an important role in modern society, specifically sharing baby/cat pictures and facilitating high school reunion planning. Oh, and disappointing amateur investors.

Now, in at least one case, the government will use Facebook to serve defendants.

The decision reflects the growing faith in the reliability of electronic messaging, taking jurisprudence further down the path started when courts began recognizing email service. On the other hand, Facebook’s messaging kind of blows. I constantly find messages in my inbox days after they were sent.

I assume service is effected by uploading a picture of the filing and tagging it “You”….

double red triangle arrows Continue reading “A Sure Way to Unfriend Someone — Serve Them Through Facebook”

To date, defendant has evaded personal service and cannot be located in Belgium, Spain, or in any country in Europe.

– U.S. District Judge James Mahan failing to grasp the obvious hurdles involved with a lawsuit brought by Teller (of Penn & Teller) against another magician.

(You can see video of the trick below.)

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D&L would've been better off doing this.

* Dewey even care if we spent money like it was going out of print? A new D&L bankruptcy court filing states that the failed firm used $43M of secured lenders’ funds in just one month in an attempt to save the ship from sinking. [Bloomberg]

* The Jerry Sandusky trial continues: Mike McQueary’s testimony in the former football coach’s case was pretty disgusting, but then again, most things are going to be pretty disgusting when you’re dealing with an alleged child predator. [Daily Item]

* A few ways you can tell this isn’t England: 1) our dental hygiene is generally better; 2) our royalty is entirely made up of reality TV stars; and 3) you still can’t serve people via social networking sites like Facebook. [paidContent]

* Foul ball(s)! Remember Clark Calvin Griffith, the former William Mitchell adjunct sports law professor who was accused of unsportsmanlike penile conduct? He pleaded guilty to indecent exposure. [Pioneer Press]

* “Do I have to read the whole settlement?” Yup! UC Irvine Law’s consumer protection clinic will work to see if banks are keeping their end of the bargain in a $25B foreclosure-abuse settlement. [Los Angeles Times]

* Anna Gristina, the accused “Millionaire Madam,” claims in a motion to dismiss that police tried to make her name her johns, one of whom is apparently “a prominent Manhattan lawyer.” But which one? [New York Post]

* CBS claims that ABC’s “Glass House” is a rip off of “Big Brother,” and the network is trying to block the show from airing. OMG, please let it air so we can see this law school dropout in action. [Celebrity Justice / FindLaw]

Working as a process server is a tough job. It might be one of the few modern professions where “don’t shoot the messenger” still has literal meaning. Seth Rogen made it look kind of cool in Pineapple Express, and he got to wear disguises. But that movie wasn’t exactly realistic.

But what if there was a new, technologically savvy way to serve hard-to-access litigants? Some sort of online community that everyone was a part of? Oh wait, we have that. It’s called Facebook.

::Light bulb goes on::

At least, that’s what a judge in England was thinking on Tuesday when he ruled that a defendant in a commercial dispute could be served via Facebook. The judge gets points for forward thinking, but at the same time I’m not sure the plan was too well thought-out…

double red triangle arrows Continue reading “You Got Served — By Facebook”

Stephanie Adams

* Vedel Browne, the man charged with robbing Justice Stephen Breyer, will enter a plea of not guilty. Why turn yourself in and then claim innocence? That makes no sense, mon. [Washington Post]

* Guess which Biglaw firms helped to broker the $173B Greek debt deal? Cleary Gottlieb, Allen & Overy, and White & Case. It’s too bad they’re going to get paid in gyros. [Am Law Daily]

* England has approved of the use of Facebook for service of legal documents. If the files went to “Other” messages, the defendant can probably claim ineffective service of process. [Associated Press]

* A Florida firm is suing the BBB after receiving a grade of “F.” It’s not the firm’s fault its clients complain — they’re just too dumb to “understand legal complexities.” [Orlando Sentinel]

* Former Playboy Playmate Stephanie Adams won a $1.2M jury award in her excessive force case against the NYPD. You don’t drop a woman with implants to the ground, she could pop. [New York Daily News]