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Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:
P is a citizen of Massachusetts, who works in Connecticut. D and E are citizens of New Jersey who work in that state. One day, D borrowed E’s car, advising E that he intended to use it to pick up his sister in Hartford. However, D drove to Massachusetts to take his new girlfriend to Boston. Unfortunately, D became involved in a traffic accident with P while driving in Massachusetts. P brought an action against E in the proper U.S. district court in Massachusetts for personal injuries and property damages in the amount of $80,000. A Massachusetts statute permits an action against the owner of a motor vehicle who has loaned the car to the person who was driving it when the incident occurred. E has filed a timely FRCP 12(b)(2) motion to dismiss for lack of personal jurisdiction. How should the district court rule on that motion?
(A) The district court should grant the motion since, in the absence of additional facts, it appears that the exercise of jurisdiction would violated the Due Process Clause of the Fourteenth Amendment.
(B) The district court should grant the motion since, in the absence of additional facts, it appears that the exercise of jurisdiction would violate the Due Process Clause of the Fifth Amendment.
(C) The district court should deny the motion under the standards of FRCP 4(k)(2), which permits the exercise of nationwide service of process in such cases.
(D) The district court should deny the motion since E caused an effect in Massachusetts.
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