The article appeared on Law 360 on March 13, 2024. A subscription may be required.
Dodging Attempt Doesn't Invalidate Service, 3rd Circ. Told
Litigation Shareholder Alex Brown recently presented oral argument to the Third Circuit in Philadelphia, urging the Court to reverse a trial court order that allowed the defendant to purposefully avoid service. Alex represents a consulting firm who sued a Tennessee construction company after it failed to pay for hundreds of thousands of dollars in work. He argued that the Third Circuit should adopt a legal standard that focuses on the practicalities of service and does not reward defendants who purposefully attempt to dodge the Court’s jurisdiction.