Blog Archives

Service by mail

Posted in *All Posts, *Published case, Default Judgment, Litigation, Personal Jurisdiction, Service of process

Parties need not formally serve each defendant in a case where the requirements of due process are otherwise met

Posted in *All Posts, Litigation, Personal Jurisdiction

A sheriff’s return of service is presumed correct, and may be rebutted only by clear and convincing evidence

Posted in *All Posts, Default Judgment, Lack of personal jurisdiction, Litigation, Personal Jurisdiction, Relief from judgment

When a defendant asserts lack of personal jurisdiction, the plaintiff bears the burden of demonstrating that the defendant’s contacts with the forum state are sufficient to confer personal jurisdiction on the court

Posted in *All Posts, Defense, Litigation, Personal Jurisdiction

A motion to vacate a judgment on the ground that the rendering court lacked personal jurisdiction must be made within a reasonable time

Posted in *All Posts, Lack of personal jurisdiction, Litigation, Motions, Personal Jurisdiction, Relief from judgment

As long as the defendant has been afforded due process, technical violations of the rule concerning service of process do not defeat the court’s jurisdiction

Posted in *All Posts, Litigation, Personal Jurisdiction

Service of process

Posted in *All Posts, *Federal Court, Litigation, Personal Jurisdiction

On a motion to dismiss for lack of personal jurisdiction, the plaintiff carries the burden to prove that the defendant’s contacts with the forum state are sufficient to sustain the exercise of long-arm jurisdiction based on minimum contacts

Posted in *All Posts, Lack of personal jurisdiction, Litigation, Personal Jurisdiction

Service of process on a corporation

Posted in *All Posts, Litigation, Personal Jurisdiction

A prerequisite for serving a defendant outside the state is an affidavit that establishes that personal service cannot be effected in this state despite diligent effort and inquiry

Posted in *All Posts, Litigation, Personal Jurisdiction

Contact Information:

Paul G. Kostro, Esq.
116 South Euclid Avenue
Westfield, NJ 07090
Tel: 908-232-6500
Email: Paul@Kostro.com
Fax: 908-232-2277
www.KostroLaw.com
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