Hanna v. Plumer

Hanna v. Plumer - in the manner prescribed by state law or...

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Civil Procedure 11/11 The Erie Problem Hanna v. Plumer, Supreme Court, 1965 Facts : Diversity case. Massachusetts law required personal service of process on a defendant served as executor of an estate. Plaintiff instead served process under Rule 4 of the F.R.C.P. which allowed for the summons and complaint to be left with a competent adult at the residence of the defendant. Procedure : district court and appellate court ruled that the claim should be dismissed because plaintiff failed to comply with the state method of serving process within the applicable statute of limitations. Issue : whether, in a civil action where the jurisdiction of the United States district court is based upon diversity of citizenship between the parties, service of process shall be made
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Unformatted text preview: in the manner prescribed by state law or that set forth in Rule 4(e)(2)(B) of the Federal Rules of Civil Procedure. Holding : judgment reversed; Rule : Class Notes : Rules Enabling Act, §2072 – the Supreme Court shall have the power to prescribe, by general rules, the forms of process, writs, pleadings, and motions, and the practice and procedure of the district courts of the United States in civil actions. Such rules shall not abridge, enlarge, or modify any substantive right and shall preserve the right of trial by jury. *Purpose of Erie – (1) discourage forum-shopping; (2) avoid inequitable administration of the laws. Hoffheimer Notes :...
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This note was uploaded on 04/10/2011 for the course LAW 503 taught by Professor Hoffheimer during the Fall '08 term at Ole Miss.

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