Water Splash, Inc. v. Menon
U.S. Supreme Court · decided May 22, 2017 · Supreme Court Database (Spaeth)
- Decided
- May 22, 2017
- Term
- October Term 2016
- Vote
- 8–0
- Majority author
- Justice Alito
- Issue area
- Judicial Power
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice ALITO delivered the opinion of the Court. This case concerns the scope of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, Nov. 15, 1965 (Hague Service Convention), 20 U.S.T. 361, T.I.A.S. No. 6638. The purpose of that multilateral treaty is to simplify, standardize, and generally improve the process of serving documents abroad. Preamble, ibid. ; see Volkswagenwerk Aktiengesellschaft v. Schlunk, 486 U.S. 694, 698, 108 S.Ct. 2104, 100 L.Ed.2d 722 (1988). To that end, the Hague Service Convention specifies certain approved methods of service and "pre-empts inconsistent methods of service" wherever it applies. Id., at 699, 108 S.Ct. 2104. Today we address a question that has divided the lower courts: whether the Convention prohibits service by mail. We hold that it does not. I A Petitioner Water Splash is a corporation that produces aquatic playground systems. Respondent Menon is a former employee of Water Splash. In 2013, Water Splash sued Menon in state court in Texas, alleging that she had begun working for a competitor while still employed by Water Splash. 472 S.W.3d 28, 30 (Tex.App.2015). Water Splash asserted several causes of action, including unfair competition, conversion, and tortious interference with business relations. Because Menon resided in Canada, Water Splash sought and obtained permission to…
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