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Hunter v. Serv-Tech, Inc.

United States District Court for the Eastern District of Louisiana
2009 WL 2858089 (E.D. La. 2009)


Facts

Hunter (plaintiff) filed suit in the United States District Court for the Eastern District of Louisiana against Offshore and others (defendants). Hunter served process on Offshore, and Offshore filed a motion to dismiss for defective service. The motion contained an “express reservation” of Offshore’s right to challenge personal jurisdiction, but did not raise an objection. Hunter amended his complaint on June 10, 2008. In its answer on September 11, 2008, Offshore objected to personal jurisdiction as an affirmative defense. Offshore’s initial motion to dismiss was denied, because Offshore admitted that Hunter had properly served process. Offshore then filed a second motion to dismiss, arguing that Offshore did not have sufficient contacts with the jurisdiction to justify the court’s personal jurisdiction. Hunter asserted that Offshore had waived any objection to personal jurisdiction by failing to include it in the original motion to dismiss. Offshore claimed that it did not waive the objection, because of its “express reservation” in the original motion. Offshore further argued that this reservation put all other parties on notice of its personal jurisdiction claim.

Rule of Law

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Issue

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Holding and Reasoning (Engelhart, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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