Legal Opinion
Hibernia National Bank v. Carner
District Court, M.D. Louisiana
Decided February 28, 1991No. Civ. A. 90-263-BPublishedCited by 2 opinions
1Opinion of the Court
RULING ON THE MOTION TO DISMISS
POLOZOLA, District Judge.
Hibernia National Bank (Hibernia) filed this suit against John William Carner to recover his portion of a balance due on a note following a liquidation sale. Carner has filed a motion to dismiss Hibernia’s complaint against him essentially for lack of personal jurisdiction, under Rule 12(b)(2) of the Federal Rules of Civil Procedure (Rule), and due to insufficient service of process, under Rule 12(b)(5). The Court has subject matter jurisdiction to hear this action pursuant to 28 U.S.C. § 1331 and venue is proper under 28 U.S.C. § 1391. 1
2Cases cited17 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
- Asahi Metal Industry Co. v. Superior Court of Cal., Solano Cty.Supreme Court of the United States · 1987
- David H. Stuart and Richard A. Whitaker v. Richard G. SpademanCourt of Appeals for the Fifth Circuit · 1985
- Sheldon Lovelace v. Acme Markets, IncCourt of Appeals for the Third Circuit · 1987
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3Cited by2 opinions
- Nieves v. Houston Industries, Inc.District Court, M.D. Louisiana · 1991
- Kelly v. STATE, DEPT. OF INS.District Court of Appeal of Florida · 1992