2nd Short Essay Question with Model Answer
Short Essay Question 2 (6 points)
P (a citizen of New York) sues the D Corp (incorporated in Delaware with its principal place of business in Massachusetts) in federal court in New York. P’s lawyer gives the summons and complaint to the D Corp’s CEO while he is on a plane over airspace in New York. The D Corp makes a motion to dismiss for improper service. Briefly: Should the motion succeed and why or why not?
The motion should not succeed. The D Corp was properly served under FRCP 4(h)(1)(B) because the summons and complaint were delivered to an officer . The lawyer can serve under 4(c)(2) because he/she is not a party (and presumably is 18 or older) . Service on an officer within the forum state does not create PJ over the corporation, however.