| 
  • If you are citizen of an European Union member nation, you may not use this service unless you are at least 16 years old.

  • You already know Dokkio is an AI-powered assistant to organize & manage your digital files & messages. Very soon, Dokkio will support Outlook as well as One Drive. Check it out today!

View
 

question-2

Page history last edited by PBworks 17 years, 2 months ago

Class 8 - 1-09-07 - Question - 2

 

Pam and Donna are sisters who are domiciled in New York. Their aunt Audrey is also domiciled in New York. Audrey dies. Her will appoints Central Hanover Trust (CHT), a New York corporation, as the executor of Audrey's estate. Pam and Donna then decide to retire and move to Dade County, Florida. They keep in touch with CHT, who is paid for administering Audrey's estate.

 

Audrey's will provides CHT with the discretion to make an early distribution of money from the estate, to any beneficiary who can demonstrate financial hardship. A year after the sisters move to Florida, and long before the estate is finalized, Donna files a hardship claim. CHT thus makes an early distribution of money to which Donna would be entitled under the will. Pam sues CHT in the appropriate federal district in Florida, alleging that CHT failed to properly substantiate Donna's claimed hardship. CHT moves to dismiss this claim, on the basis that the court lacks personal jurisdiction over the defendant.

 

Assume that a Florida statute authorizes a plaintiff to sue in various places, including the county wherein the plaintiff resides. Pam's lawyer thus filed this suit in the federal district containing the county wherein Pam resides. CHT's lawyer timely attacks the complaint, on two additional grounds: Florida's statute may not be applied to this case, because a plaintiff may not lay venue in the federal district where the plaintiff resides (do not argue jurisdiction in this portion of the defendant's attack). CHT also contends that this case cannot proceed without Donna.

 

How should the court rule on the defendant's motions?

Comments (0)

You don't have permission to comment on this page.