Your lawyer has filed the case with the court and has attempted to serve a copy of
Question:
Your lawyer has filed the case with the court and has attempted to serve a copy of the complaint and a writ of summons with the care facility executives in Florida, but he has so far been unable to do so. It's been 30 days. So, he mails a certified copy to the care facility's headquarters at their last known address. One month passes before the care facility files an answer with the court denying all of the allegations for negligence and a motion to dismiss claiming issues concerning a lack of personal jurisdiction in Floridaalleging that the federal district court in Delaware is the proper venueand issues concerning the methods used for service of process. For the latter, the defendant states that Delaware law requires service of process to be made in person. Oops.
Is there personal jurisdiction over the defendant in Florida?
What would be your arguments that the Florida district court is the proper venue?
What law would the federal court likely apply in this case (substantive, procedural, state law, federal law, etc.)?
Is the defendant right about service of process? What did the Court say in Hanna v. Plumer (1965)?
Will the defendant's motion to dismiss be granted? Summarize what you know?
Business Law Text And Cases Legal Ethical Global And Corporate Environment
ISBN: 9780538470827
12th Edition
Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Frank B. Cross