1st Short Essay Question on Midterm with Model Answer
Long Essay Question on Midterm with Model Answer

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 following would be a model answer. The numbers in brackets indicate the points I gave for each element. Although they add up to 7, I did not give more than 6 points.

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 [5]. The lawyer can serve under 4(c)(2) because he/she is not a party (and presumably is 18 or older) [1]. Service on an officer within the forum state does not create PJ over the corporation, however. [1]

Comments

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name is required. Email address will not be displayed with the comment.)