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In Mullane v. Central Hanover Bank & Trust Co., the Supreme Court held that

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Explanation

Rationale for Correct Answer ANALYSIS. takes the position that everyone who might be affected by the settlement of the accounts must receive individual notice. If that were true, it would be impossible to settle the accounts of the trust. Even some benefi

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LeCompte brings suit against Wilkins for battery in state court. His counsel looks up the service of process rules and finds that the rule authorizes service of process by first class mail. He serves the complaint and summons on Wilkins by mailing them, first class, to Wilkins at his home address. If Wilkins raises the objection that service of process was improper, the court will likely

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Explanation

Rationale for Correct Answer ANALYSIS. is a great wrong answer, and it is important to recognize why it is wrong. As a lawyer, it is always comforting to argue that you followed the rules, and LeCompte has followed the rule here, which authorized service

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In which of the following service of process situations is the boss likely to roll her eyes and say, “What did we hire this kid for?”

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Explanation

Rationale for Correct Answer ANALYSIS. is right, because none of these efforts complies with the requirements of Rule 4(a)-(c). In A, Neophyte served the complaint herself, which is authorized by Rule 4(c)(2) (any person 18 or over who isn’t a party). But

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Robertson buys an Audi from Jackson’s Audi, a Florida car dealership. He drives it to Illinois, where he has an accident, and the driver’s air bag fails to deploy, aggravating his injuries. Robertson believes the dealership was negligent in preparing the air bag before selling him the car. He sues Jackson’s in an Illinois state court, basing jurisdiction on the provision of Illinois’s long-arm statute that authorizes jurisdiction if the defendant “commits a tortious act in Illinois.” The Illinois Supreme Court, as we know, has interpreted this statute broadly in Gray v. American Radiator.

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Explanation

Rationale for Correct Answer ANALYSIS. This is a thinly disguised reprise of World-Wide Volkswagen v. Woodson, in which the Robinsons bought their Audi in New York and were injured using it in Oklahoma. Let’s see how the analysis works out in a state with

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Argo, from Arizona, sues Jason, from New Mexico, in an Arizona state court on a breach-of-contract claim, arising from Jason’s alleged failure to complete a landscaping job in New Mexico. Jason removes the action to federal court, based on diversity jurisdiction. Jason then moves to dismiss the action for lack of personal jurisdiction.

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Explanation

Rationale for Correct Answer ANALYSIS. Rule 4(k)(1)(A) applies to cases removed to federal court as well as to cases filed there originally. Generally, under that rule, the court may exercise jurisdiction if the courts of the state in which the federal co

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Ausable Motors Corporation manufactures motors for industrial machinery. It makes its motors in Louisiana, and sells them to various wholesalers, including Sunday River Distributors in Kentucky. Ausable’s contract with Sunday River requires Sunday River to solicit sales of Ausable motors in Tennessee, Ohio, Indiana, and Kentucky, and allows Ausable to cancel the contract if Sunday River fails to sell at least one hundred motors in each of these states each year. Sunday River resells a substantial quantity of Ausable motors into Tennessee each year. Twelve of them are sold to Delta Retooling, a company in Nashville, Tennessee. While Lemmon is using an Ausable motor at Delta’s Nashville shop, a belt flies off the flywheel and injures his eye. He sues Ausable in Tennessee. Assume that the Tennessee long-arm statute authorizes jurisdiction for a claim “arising out of the transaction of business within the state,” and that the Tennessee courts interpret the Tennessee long-arm statute to “go to the limits of due process.” Ausable moves to dismiss Lemmon’s suit for lack of personal jurisdiction.

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Explanation

Rationale for Correct Answer ANALYSIS. here is very likely wrong. It would probably be constitutionally permissible to sue Ausable in Tennessee in this case. True, it’s a stream-of-commerce case, like Asahi and J. McIntyre, but here Ausable has required t

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Dziezek, who resides in the Southern District of Indiana, sues Torruella and Hopkins. Torruella resides in the Western District of Kentucky. Hopkins resides in the Western District of Tennessee. Dziezek sues them both for damages arising out of a business deal for the financing of a subdivision Dziezek planned to build in the Southern District of Ohio. His claim against Torruella is for fraud, his claim against Hopkins is for fraud and for violation of the Federal Truth in Lending Act. The negotiations between the parties for the financing took place in the Western District of Tennessee. Dziezek claimed that, after the defendants had provided the first installment of financing for the project, and he had commenced construction, they refused to provide subsequent payments needed to complete the project. Venue in Dziezek’s action would be proper in

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Explanation

Rationale for Correct Answer ANALYSIS. Let’s see. Under §1391(b)(1), venue is proper in a district where all defendants reside. But here they don’t all reside in the same district. Nor do they reside in different districts within the same state (in which

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Chu, a Californian, went skiing at Aspen, in Colorado, which has only one federal judicial district. After he discovered that he was somewhat out of shape, he bought an exercise machine from Jackson, a friend from Kansas with a two-week time share in Aspen, who had brought the machine with him to Aspen from his home in Texas. The machine was made by Sweda-Trak, a Texas company that sells its products only in Texas, and with its only place of business in the Western District of Texas. Chu brought the machine back to Los Angeles, California, where he was injured using it. Chu brings a diversity action against Jackson and Sweda-Trak in federal court, alleging that Jackson was negligent in maintaining the machine, and Sweda-Trak in designing it. Venue in Chu’s action would be

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Explanation

Rationale for Correct Answer ANALYSIS. This question didn’t give my students much trouble. is pretty clearly wrong. Although §1391(b)(2) allows suit in a district where property that is the subject of the action is located, the exercise machine is not “th

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Arthur wishes to bring a diversity action in federal court against Cleveland Manufacturing Company. Cleveland has its factory and principal place of business in the Northern District of Illinois, but no other contacts with Illinois. The claim is based on alleged negligence in making a toaster at the Illinois factory, which caused a fire in Arthur’s home in the Middle District of Georgia.

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Explanation

Rationale for Correct Answer ANALYSIS. Here, Cleveland has contacts in the Northern District of Illinois, but none in the Southern District. Therefore, under §1391(d), it “resides” in the Northern District, but not the Southern District. is wrong. Althoug

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Cullen, a Vermont citizen, has an accident with Barnabas, a citizen of California, and Tecumseh, a New Yorker, in California. She sues Barnabas and Tecumseh for negligence in state court in Albany, New York, alleging negligence. She serves Barnabas with process in the action while he is visiting Albany. Barnabas’s best argument for getting the case out of the New York state court would be to file

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Explanation

Rationale for Correct Answer ANALYSIS. This question provides a nice little recap of various jurisdiction and venue issues. Barnabas wants out of the New York state court. What motion is likely to do the trick? Removal seems like an option, though of cou

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Neff hired Mitchell, a lawyer, in Oregon to sue Jones for breach of contract. Neff agreed to pay Mitchell $300 for his services. Mitchell did the work, but Neff left the state for California and didn’t pay Mitchell’s fee. Mitchell sues Neff for his fee in an Oregon state court, and has Neff served with process in Oregon while Neff was visiting there on unrelated business. Neff promptly departed once more for California and has not returned to the state since. Under personal jurisdiction theory as expounded in Pennoyer, the Oregon court

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Explanation

Rationale for Correct Answer ANALYSIS. This question makes the basic point about Pennoyer: that jurisdiction was acquired by the symbolic act of in-state service of process, and that once in-state service was made, the court acquired the power to adjudica

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Neff went to Oregon and met with Mitchell, a lawyer, about a claim Neff had against Jones. Mitchell did some work on the problem and sent Neff, a Californian, a bill for $3,000. After consulting Mitchell, Neff left Oregon, has not been back since, and has never paid Mitchell’s bill. Mitchell sues Neff in an Oregon state court for his fee. He has the papers initiating the suit served on Neff in California.

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Explanation

Rationale for Correct Answer ANALYSIS. is a real head scratcher. In Burnham, the Supreme Court did reaffirm that a court can still obtain personal jurisdiction over an individual defendant if she is served with process in the action in the forum state. So

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Cartwright is a carpenter who lives in Vermont and works out of his home there. In addition to his Vermont customers, he has some customers across the border in New York, and some in Massachusetts. Last year, he built a garage for a New York customer and put an addition on another New Yorker’s house. This was about 5 percent of his construction business for the year, which is about the average for his New York business each year. While driving to a job in Massachusetts, Cartwright has an accident, in Massachusetts, with Morales, from New York. Morales brings suit against Cartwright for his injuries in a New York state court.

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Explanation

Rationale for Correct Answer ANALYSIS. The real culprit here is . Too many students have trouble with the basic point that, where jurisdiction is based on limited in-state contact, the claim must arise out of the contact to support personal jurisdiction.

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Ace Truck Bodies builds gasoline tanks in Minnesota for installation on trucks that deliver gas to gas stations. It sells a replacement tank to Deuce Petroleum Company in Kansas, which has it mounted on the bed of its delivery truck and places it in service. As Ace was aware, Deuce delivers petroleum products to customers throughout the midwest. While making a delivery in Illinois, the tank explodes, injuring Jack. Jack sues Ace Truck Bodies in Illinois for his injuries. Ace Truck has no contacts with Illinois other than those described in this question. The Illinois long-arm statute authorizes the exercise of personal jurisdiction over a defendant who “commits a tortious act in Illinois.” The Illinois Supreme Court has held, in Gray v. American Standard Radiator, that this language is met if the defendant’s product causes injury to a person within the state. Ace is probably

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Explanation

Rationale for Correct Answer ANALYSIS. In this case, Ace makes a product and sells it to a buyer in Kansas, who—as Ace knows—plans to use it in other states. The question is whether the act of selling the tank into Iowa, with knowledge or foreseeability t

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Boyarin is the vice-president of an Illinois company, Compu-Drive, that does software design for medical applications. She learns that Mercy Hospital, a major research facility in Virginia, is planning to contract with MediSoft, Compu-Drive’s main competitor, a Virginia company with its offices in Virginia, to design software to support its genetic research facility. Boyarin calls Mercy’s vice president for operations and explains in livid detail the shortcomings of MediSoft’s products. Mercy backs out of the MediSoft agreement, and MediSoft, when it learns why, sues Boyarin for interference with advantageous business relations. It sues in Virginia. Boyarin moves to dismiss for lack of personal jurisdiction.

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Explanation

Rationale for Correct Answer ANALYSIS. There’s a certain diabolical pleasure in writing distractors. is bewitching; it is true that the plaintiff’s contacts do not suffice to support personal jurisdiction over a defendant. The focus must be on the contact

Civ Pro Book

Question 1 of 1

Time Left

In Mullane v. Central Hanover Bank & Trust Co., the Supreme Court held that

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Explanation

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Explanation

In which of the following service of process situations is the boss likely to roll her eyes and say, “What did we hire this kid for?”

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Explanation

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