Logourl black
From our private database of 13,300+ case briefs...

National Development Co. v. Triad Holding Corp. & Adnan Khashoggi

United States Court of Appeals for the Second Circuit
930 F.2d 253 (2d Cir. 1991)


Facts

On December 22, 1986, National Development Co. (plaintiff), in an attempt to serve Adnan Khashoggi (defendant) at his New York City apartment in Olympic Tower, left a summons and complaint with Khashoggi’s maid. Although Khashoggi was living in the Olympic Tower apartment at the time of the service, he failed to appear in district court, and a default judgment was entered against him. He filed a motion to vacate the default judgment, arguing that he was improperly served because the Olympic Tower apartment was not his dwelling or usual place of abode, as required by Fed. R. Civ. Pro. 4(e)(2)(B), and alleging that his compound in Saudi Arabia was his true residence. In fact, Khashoggi lived in twelve different homes throughout the world, and he resided in his home in Saudi Arabia for no more than three months per year. The district court held that, although it found that the Olympic Tower apartment was not Khashoggi’s primary residence, he had actual notice that he had been served, and therefore service was proper. Khashoggi appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (McLaughlin, C.J.)

The holding and reasoning section includes:

  • 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.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 136,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,300 briefs, keyed to 182 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.