Emeritus Communications, Inc. v. Benedictine College

BY JUDGE MICHAEL P. McWEENY

This matter came before the Court on Defendant’s Motion to Quash Service of Process and Motion to Compel. The Court heard argument on October 12, 2001. During argument, the question arose whether Defendant had entered a general appearance by requesting discovery and filing a Motion to Compel.

Defendant argued that the discovery was sought under its special appearance, strictly for the purpose of determining the jurisdictional issue. Defendant contended that, because its discovery request and motion were made under its special appearance and were narrowly tailored to…