Civil Procedure Keyed to Coundback
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An investor from State A filed an action against his State B stockbroker in federal court in State A. The summons and complaint were served at the stockbroker’s office in State B, where the process server handed the documents to the stockbroker’s administrative assistant.
The stockbroker has answered the complaint, asserting the defense of improper service of process. Assume that both states’ requirements for service of process are identical to the requirements of the Federal Rules of Civil Procedure.
Is the court likely to dismiss the action for improper service of process?CorrectIncorrect
Floor Mart is a large national retail corporation with headquarters in Alabama. P purchased a lawnmower at his local Floor Mart store in Texas. When he started to use the mower on his lawn the machine blew-up, throwing off the cutting blades into P’s leg. P suffered substantial damages and filed a federal lawsuit for damages in Texas. P mailed the complaint to Floor Mart in Alabama by first-class mail. He also paid a process company to personally serve the sales clerk that had sold him the lawnmower.
Service is most likely:CorrectIncorrect
A plaintiff from State A filed a breach of contract action in a federal court in State B. The defendant in the action is a State B corporation. The corporation’s president and registered agent, the only officer having express authority to receive service of process on behalf of the corporation, was out of the country for several months. State B’s rules of civil procedure, however, authorize service on a corporation by serving any “officer, managing or general agent, or any agent authorized to receive service.” State B’s rules also authorize service of process by certified mail. The plaintiff thus sent the summons and complaint to the defendant corporation’s only vice president, who resides in State B. The vice president signed the certified mail return receipt.
If the corporation files a motion to dismiss the action for improper service of process, how should the court rule?CorrectIncorrect