Essay Question from 2008 Civ Pro Exam
P (a domiciliary of Mississippi) and D (a domiciliary of Nevada) met on a cruise that started in Miami and ended in the Bahamas. On the cruise, D agreed to ship a rare widget to P’s home for $100,000. P mailed D the check from P’s home in Mississippi, but D failed to ship the widget.
P brought suit against D in Mississippi state court for breach of a contract. Although D was served with a summons and complaint in hand in Nevada, D defaulted. Prior to P’s suit, the state of Mississippi passed a statute which states that any defendant who receives actual notice of a lawsuit in Mississippi state court and fails to take advantage of a special appearance to challenge the personal jurisdiction of the court over him will be taken to have waived the defense of personal jurisdiction.
P then sued D on the Mississippi judgment in federal court in Nevada. D argued that the Mississippi judgment is void for lack of personal jurisdiction. P claimed that D waived that defense. How should the federal court decide the issue?
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