Civil Procedure Keyed to Cound
Hanna v. Plumer
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Hanna (Plaintiff) and a citizen of Ohio sued Plumer (Defendant) and a citizen of Massachusetts in a federal court in Massachusetts. Defendant was executor of Osgood’s estate. Osgood was also a Massachusetts resident. Plaintiff alleged that she was involved in a car accident with Osgood in South Carolina. Service of process was made by leaving copies of the summons with Defendant’s wife, which complies with Federal Rule of Civil Procedure 4(d)(1). Defendant filed an answer stating that the action could not be maintained because it did not comply with Mass. General Laws Chapter 197, Sec. 9 which requires in hand delivery of the summons. The District Court granted summary judgment for Defendant after finding that the Massachusetts law was “outcome determinative.” The Court of Appeals affirmed the District Court’s judgment, ruling that the legislative purpose of the Massachusetts statute was to require personal notification within a year, which is a “substantive” matter.
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