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Scheidt v. Young

United States Court of Appeals, Third Circuit
Jan 5, 1968
389 F.2d 58 (3d Cir. 1968)

Summary

holding that a defendant was not subject to personal jurisdiction on the basis of advertisements it placed in a New York newspaper that also had circulation in the forum state

Summary of this case from HVLPO2, LLC v. Oxygen Frog, LLC

Opinion

No. 16423.

Argued November 20, 1967.

Decided January 5, 1968.

Robert A. Elkins, Elkins Elkins, Jersey City, N.J., for appellants.

David F. Binder, Bennett, Bricklin Saltzburg, Philadelphia, Pa. (Albert L. Bricklin, Philadelphia, Pa., on the brief), for appellees.

Before HASTIE, FREEDMAN and VAN DUSEN, Circuit Judges.


OPINION OF THE COURT


In this diversity case the district court of New Jersey quashed service of process on defendants in Pennsylvania, and dismissed the complaint without prejudice.

Plaintiffs allege that they are citizens of New Jersey and that defendants are citizens of Pennsylvania. Plaintiff, Sophie Scheidt, seeks damages for injury which she incurred in a softball game at defendants' Merry Hill Lodge in Cresco, Pennsylvania, allegedly as a result of their negligence while she was a paying guest at the lodge. John Scheidt, her husband, seeks damages for the loss of his wife's services and society.

Extraterritorial service of process is authorized by Rule 4(e) of the Federal Rules of Civil Procedure "under the circumstances and in the manner prescribed in the statute or rule [of the state in which the district court sits]." New Jersey appears to have extended its extraterritorial service to the full extent permitted by due process.

See also Rule 4(f), which provides:

"All process other than a subpoena may be served anywhere within the territorial limits of the state in which the district court is held, and, when authorized by a statute of the United States or by these rules, beyond the territorial limits of that state. * * *"

Rule 4:4-4 of the New Jersey Civil Practice Rules provides:

"Summons. Personal Service

"(a) Upon an individual * * * by delivering a copy of the summons and complaint to him personally; or by leaving a copy thereof at his dwelling house or usual place of abode with some competent member of his family of the age of 14 years or over then residing therein; or by delivering a copy thereof to a person authorized by appointment or by law to receive service of process on his behalf;

* * * * *

"(e) Upon a partnership, by serving, in the manner prescribed by paragraph (a), a partner, a managing or general agent or an officer; or, if service cannot be made upon any of the foregoing, then, subject to due process of law, by mailing, registered mail return receipt requested, a copy of the summons and complaint to a registered agent for service, or its principal place of business, or its registered office.

* * * * *

"(h) Upon an individual engaged in a business within the State in an action arising out of the conduct of such business, by serving in the manner prescribed in paragraph (a), the individual, or a managing or general agent of the individual employed in such business; * * *.

* * * * *

"(j) Whenever it shall appear by affidavit of the attorney for the plaintiff or of any person having knowledge of the facts, that, after diligent inquiry and effort, an individual cannot be served in this State under any of the preceding paragraphs of this rule, then, consistent with due process of law, service may be made by mailing, registered mail, return receipt requested, a copy of the summons and complaint to the individual addressed to his dwelling house or usual place of abode. * * *"

Plaintiffs rely on the following facts to sustain the service. Upon reading defendants' advertisement in the New York Daily News, a New York newspaper which is also circulated in New Jersey, Mrs. Scheidt called defendants at a Pennsylvania telephone number given in the advertisement, and as Mrs. Scheidt avers, "came to a definite agreement as to our accommodations, date of arrival, length of stay and rate. There was absolutely no condition attached, merely a request that we telegraph a $35.00 deposit, which we promptly did." Mrs. Scheidt has seen the advertisement both before and since this occasion. After the accident representatives of the defendants and their insurer called on Mrs. Scheidt regarding it.

These circumstances do not render defendants subject to extraterritorial service of process. Defendants' advertisements in an out of state newspaper circulated in New Jersey, plaintiffs' telephone conversation with them at the Pennsylvania number listed in the advertisements, defendants' receipt of a deposit sent from New Jersey and the visits to New Jersey by representatives of defendants regarding the accident are peripheral occurrences and do not constitute "some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws." New Jersey therefore did not have the necessary "minimum contacts" to sustain jurisdiction over the person and service of process required by due process, and service was properly quashed.

Hanson v. Denckla, supra. See International Shoe Co. v. State of Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945); McGee v. International Life Insurance Co., 355 U.S. 220, 78 S.Ct. 199, 2 L.Ed.2d 223 (1957); Rosenblatt v. American Cyanamid Co., 86 S.Ct. 1, 15 L.Ed.2d 39, Goldberg, J., in chambers, appeal dismissed 382 U.S. 110, 86 S.Ct. 256 (1965). See generally Currie, The Growth of the Long Arm: Eight Years of Extended Jurisdiction in Illinois, 1963 U.Ill.L.Forum 533 (1963); von Mehren Trautman, Jurisdiction to Adjudicate: A Suggested Analysis, 79 Harv.L.Rev. 1121 (1966).

The judgment of the district court will be affirmed.


Summaries of

Scheidt v. Young

United States Court of Appeals, Third Circuit
Jan 5, 1968
389 F.2d 58 (3d Cir. 1968)

holding that a defendant was not subject to personal jurisdiction on the basis of advertisements it placed in a New York newspaper that also had circulation in the forum state

Summary of this case from HVLPO2, LLC v. Oxygen Frog, LLC

holding that advertising in the forum media without more is not sufficient to establish jurisdiction

Summary of this case from Poteau v. Walt Disney World Company

holding that “advertisements in an out of state newspaper circulated in [the forum state], ... [is a] peripheral occurrence and do[es] not constitute some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State”

Summary of this case from Rilley v. Moneymutual, LLC

advertising in a New York newspaper distributed in forum state without more not sufficient conduct of defendant to establish jurisdiction

Summary of this case from Hendrickson v. Reg O Co.

advertising in a New York newspaper distributed in forum state does not conver jurisdiction

Summary of this case from VOLPINI v. L'AUBERGE DEL MAR

In Scheidt v. Young, 389 F.2d 58 (3d Cir. 1968) (per curiam), the Court of Appeals held that the advertisements of the defendant, a Pennsylvania lodge, in a New York newspaper that was circulated in New Jersey, did not constitute the necessary "minimum contacts."

Summary of this case from Rutherford v. Sherburne Corp.

In Scheidt v. Young, 389 F.2d 58 (3d Cir. 1968) plaintiffs, citizens of New Jersey, were paying guests of defendants' lodge in Pennsylvania in which one of the plaintiffs suffered an injury from the purported negligence of defendants.

Summary of this case from Wright v. American Standard, Inc.

In Scheidt v. Young, 389 F.2d 58 (3d Cir. 1968), the Court of Appeals for this Circuit had occasion to consider the application of these holdings in a context comparable with that presented by the procedural facts of the case at bar.

Summary of this case from Biggers v. Borden, Inc.

In Scheidt, plaintiff was a New Jersey resident who was injured at a Pennsylvania hotel operated by defendants. Defendants' only contacts with New Jersey were that they had advertised the hotel in a New York newspaper with a large New Jersey readership, and that defendants' agents had gone to New Jersey to negotiate with plaintiff about her claim.

Summary of this case from Biggers v. Borden, Inc.

In Scheidt v. Young, 389 F.2d 58 (3rd Cir. 1968), a New Jersey plaintiff sued the owners of a Pennsylvania resort in the United States District Court in New Jersey, alleging that the injury she incurred in a softball game at the resort in Pennsylvania was the result of a negligent act of the defendants in Pennsylvania.

Summary of this case from Gelineau v. New York University Hospital

In Scheidt v. Young, 389 F.2d 58 (3d Cir. 1968), the Third Circuit Court of Appeals was called upon to determine whether Pennsylvania residents operating a vacation lodge in Pennsylvania at which the New Jersey plaintiff was injured were constitutionally subject to extraterritorial service under a New Jersey statute which extended such service to the full extent permitted by due process.

Summary of this case from McAndrew v. Burnett

In Scheidt, the New Jersey plaintiff sued the owners of a Pennsylvania resort in the United States District Court in New Jersey, alleging that the injury which she incurred in a softball game at the resort in Pennsylvania was the result of a negligent act of the defendants in Pennsylvania.

Summary of this case from Reilly v. P.J. Wolff Sohne

In Scheidt, the defendant had some minimum contact with the forum state, but this contact was not sufficient to make it amenable to suit here for all purposes on the one hand, and, on the other, the suit in question was not predicated on the one forum contact, but on a totally different act, an act of negligence which occurred, if at all, not in New Jersey but in Pennsylvania, and injured the plaintiff, not in New Jersey but in Pennsylvania.

Summary of this case from Reilly v. P.J. Wolff Sohne
Case details for

Scheidt v. Young

Case Details

Full title:Sophie SCHEIDT and John Scheidt, Appellants, v. Spike YOUNG and Victoria…

Court:United States Court of Appeals, Third Circuit

Date published: Jan 5, 1968

Citations

389 F.2d 58 (3d Cir. 1968)

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