By-Lined Article
E-mail hardly a panacea for life's ills
By Eric J. Sinrod
August 11, 2004
USAToday.com
How quickly we have become addicted to e-mail. But e-mail doesn't solve all of life's problems; in fact, it creates a few new ones.
For example, often times it is difficult to discern the true feeling and emotion of the sender of e-mail.
Also, e-mail does not always get the job done. As pointed out in a recent column, e-mail notification does not necessarily constitute a proper method of informing employees of changes in employment practices.
Now, a federal court in Connecticut has ruled, in the case of Pfizer v. Domains By Proxy, that service of legal process by sending a summons and complaint by e-mail can be insufficient.
While federal procedural rules require that service of process be effectuated in a manner reasonably calculated to apprise parties of the pendency of a legal action, more "conventional" means of service, such as in-person service, should be attempted first.
Moreover, there must be a demonstration that the e-mail address sought to be used for service actually will lead to the intended party to be served.
Because these prerequisites were not met in the case, the judge ruled that e-mail service was ineffective.
Thus, while e-mail is helpful in many aspects of life, so far it is not a panacea.
Eric Sinrod is a partner in the San Francisco office of Duane Morris (www.duanemorris.com), where he focuses on litigation matters of various types, including information technology disputes. His column appears Wednesdays at USATODAY.com. His Web site is www.sinrodlaw.com, and he can be reached at ejsinrod@duanemorris.com. To receive a weekly e-mail link to Mr. Sinrod's columns, please send an e-mail with the word Subscribe in the Subject line to ejsinrod@duanemorris.com.
Reprinted here with permission from USAToday.com.
