Civil Procedure: Jurisdiction and Venue
A notary from State A sued a pharmacist from State B in a federal district court located in State A. The notary is seeking $100,000 compensation for tortious injuries caused by the pharmacist’s allegedly negligent acts which occurred in State B. The pharmacist has never been to State A and has never had any contacts whatsoever with State A. The pharmacist’s lawyer ﬁled a motion to dismiss for lack of subject-matter jurisdiction, which the court denied. After answering the notary’s complaint, the pharmacist’s lawyer then ﬁled a motion to dismiss for lack of personal jurisdiction.
How is the court likely to rule?
A: Grant the motion, but only if the pharmacist had pled the aﬃrmative defense of a lack of personal jurisdiction in her answer.
B: Grant the motion, because lack of personal jurisdiction cannot be waived.
C: Deny the motion, because the pharmacist waived the defense.
D: Deny the motion, because the parties are completely diverse and the amount in controversy exceeds $75,000.
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