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]