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Hanna v. Plumer

United States Supreme Court
380 U.S. 460, 85 S. Ct. 1136, 14 L. Ed. 2D 8 (1965)

Written by Angela Patrick, JD

Facts

Louise Osgood caused a vehicle crash with Eddie Hanna (plaintiff). Hanna survived, but Osgood died. Relying on diversity jurisdiction, Hanna sued Osgood’s estate in federal court. The Federal Rules of Civil Procedure required that Hanna serve a summons and the federal-court complaint on the executor of Osgood’s estate, Edward Plumer (defendant). However, when the process server went to Plumer’s home, Plumer was away. The process server handed the paperwork to Plumer’s wife. Under the Federal Rules of Civil Procedure, this was proper service. However, a Massachusetts state law required that any complaint served on the executor of an estate be handed personally to that individual. Thus, under state law, the service was invalid. Plumer moved for summary judgment, arguing that the state law applied, which meant the service was invalid (and the time had passed for any new service under the state law). The district court held that the state law applied because it was outcome-determinative and granted summary judgment to Plumer. The United States Court of Appeals for the First Circuit affirmed. The United States Supreme Court granted certiorari.

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Holding and Reasoning (Warren, J.)

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Concurrence (Harlan, J.)

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