Service of U.S. Punitive Damages Complaint Passes Constitutional Muster in Germany

Authors

Ingrid L. Lenhardt, University of Kiel

First Page

291

Abstract

In today's global market, disputes between U.S. and foreign parties have become a common occurrence. Courts in the United States, as well as other nations, frequently face new and complex international litigation problems. A common problem for many courts centers on the practical, mechanical requirements of bringing a lawsuit.

In this Article, the author examines the service of process of U.S. complaints for punitive damages to residents of Germany. In particular, Ms. Lenhardt analyzes the recent German Constitutional Court's ruling on international service of process. In addition, the author reviews the requirements of the Hague Convention on Service Abroad and the procedures that must be followed by foreign plaintiff swishing to serve process to German residents. Finally, Ms.Lenhardt summarizes the German Constitutional Court's decision on the treatment of punitive damages claims and the relation and impact these claims have on the requirements for service of process.

Recommended Citation

Ingrid L. Lenhardt, Service of U.S. Punitive Damages Complaint Passes Constitutional Muster in Germany, 29 Vanderbilt Law Review 291 (2021)
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol29/iss2/2