Legal Opinion

Calderon-Sitiriche v. Educators Mut. Life Ins. Co.

District Court, D. Puerto Rico

Decided March 21, 2000No. 98-1130 SECPublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER

CASELLAS, District Judge.

This is an action to enforce coverage under an insurance policy. Pending is the defendant’s motion to dismiss for lack of personal jurisdiction under Fed.R.Civ.P. 12(b)(2). (Docket # 4). Because the Court concludes that the plaintiff has alleged facts which suggest that personal jurisdiction exists, it denies the defendant’s motion.

Rule 12(b)(2) Standard

Once it has been challenged on a Fed.R.Civ.P. 12(b)(2) motion to dismiss, it is incumbent upon the plaintiff to prove that personal jurisdiction over the defendant exists. See Massachusetts School of…

2Cases cited22 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
  3. McGee v. International Life InsuranceSupreme Court of the United States · 1957
  4. Keeton v. Hustler Magazine, Inc.Supreme Court of the United States · 1984
  5. Rush v. SavchukSupreme Court of the United States · 1980

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3Cited by1 opinion

  1. COMAR v. American Guarantee & Liability Ins. Co.District Court, D. Puerto Rico · 2001

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