Water Splash, Inc. v. Menon

Background

Water Splash is a company that makes aquatic playground systems. In 2013 it sued a former employee, Menon, in Texas state court, claiming she began working for a competitor while still employed. Water Splash obtained permission to serve Menon in Canada by mail. Menon did not answer, and the trial court entered a default judgment. Menon asked to set aside the judgment for improper service, the Texas Court of Appeals held that the Hague Service Convention prohibits service by mail, and the case reached the Supreme Court.

Reasoning

The Court addressed whether Article 10(a) of the Hague Service Convention—the phrase "send judicial documents"—includes sending documents for the purpose of service of process (the delivery of legal papers that notifies a person of a pending lawsuit). The opinion analyzed the treaty text and structure, observed that the Convention applies to transmissions for service, and found that Article 10(a) would be superfluous unless it covered service. The Court also relied on the drafting history, the Executive Branch’s consistent view, and other signatories’ practices and Special Commission statements. It concluded that Article 10(a) encompasses sending documents for service by postal channels, subject to the receiving state not having objected and to whatever other law authorizes the method.

Real world impact

The ruling means many U.S. litigants can mail summonses and complaints to foreign defendants when the destination state has not objected and local law permits. The decision does not automatically authorize mail service everywhere; limits remain, and lower courts must consider state law and preserved arguments on remand.