Volkswagenwerk Aktiengesellschaft v. Schlunk
486 U.S. 694 (1988) Cited 880 times 10 Legal AnalysesHolding that a state law permitting a foreign corporation to be served domestically through its U.S. subsidiary did not implicate the Hague Service Convention
Marcantonio v. Primorsk Shipping Corp.
206 F. Supp. 2d 54 (D. Mass. 2002) Cited 22 timesHolding that a party did not waive its challenge to personal jurisdiction in the District of Massachusetts by filing a compulsory cross-claim in a related limitation of liability action in the District of Maine; the "two cases were filed in two distinct district courts"
Delta Constructors, Inc. v. Vacuum
259 F.R.D. 245 (S.D. Miss. 2009) Cited 8 timesAlexander F. Guidry, Mary Elizabeth Hall, David Watkins Mockbee, Mockbee, Hall & Drake, PA, Jackson, MS, for Plaintiff. Kyle V. Miller, Robert A. Miller, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, for Defendant. MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of defendant Roediger Vacuum, GmbH (Roediger) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(5) for insufficiency of service of process. Plaintiff Delta Constructors
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 354,229 times 943 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal AnalysesHolding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time