USA Law and Practice Contributed by: Courtney Scobie, Jack Edwards and Andrea Whitley, Ajamie LLP
cess. Corporations, partnerships and other enti- ties may also be served by delivering a copy of the documents to an officer, managing or gen- eral agent or to or any other agent authorised by appointment or law. Service of process is the responsibility of the plaintiff, not the court. If the plaintiff does not ensure that the defendant is properly served, the case may be dismissed. A party located outside the USA can be sued in the USA. In some cases, a plaintiff can serve process personally on a defendant outside the USA in a manner consistent with the laws of the foreign country where service occurs. With court approval, and if allowed by international agree- ments, a plaintiff may serve process by mail to a defendant outside the USA. If the country of the defendant is a party to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents, service can be made through the central authority designated by that country. 3.6 Failure to Respond If a defendant fails to respond to a lawsuit by the deadline (typically 21 days after being served), the plaintiff may seek a default judgment. A default judgment is a court order that grants the relief requested in the complaint. By not responding, the defendant forfeits the opportu- nity to defend against the plaintiff’s claims. Once a default judgment is entered, the plaintiff can take steps to enforce it, such as filing liens on the defendant’s property, pursuing wage garnish- ment, or seeking the appointment of a receiver to enforce the judgment. 3.7 Representative or Collective Actions The federal courts allow for representative actions, class actions, and collective actions.
These mechanisms join individuals who have similar claims or legal issues in a single lawsuit. Class actions are allowed in federal court when many individuals have similar claims and it would be impractical for each person to bring an individual lawsuit. Common scenarios include consumer protection cases, product liability claims, securities fraud cases, and civil rights matters. Class actions are typically either opt-in or opt-out. This means that individuals who fall within the class definition are either automatical- ly excluded from the class unless they opt in by filing a claim by a certain deadline or automati- cally included in the class unless they opt out by a certain deadline. FRCP 23 sets out criteria for certifying a class action. These criteria include commonality, typicality, adequacy of representa- tion, and whether a class action is the superior method for handling the dispute. Collective actions are commonly associated with wage-and-hour claims under the Fair Labor Standards Act (FLSA). They are allowed when a group of employees believes their statutory rights, such as their right to overtime pay or a minimum wage, have been violated. Collective actions are generally opt-in. Potential plaintiffs must affirmatively consent to join the lawsuit by filing an opt-in form by a certain deadline. The standard for certifying a collective action depends on where the case is pending but is generally lower than that for a class action. To join a collective action, workers must show that they are similar enough to each other and have the same dispute with their employer. Representative actions are a broader category that includes both class and collective actions. They allow individuals or entities to represent others in pursuing legal claims. The specific cir-
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