Wednesday, January 13, 2021

Filing Entry of Appearance and Demand for Jury Trial in Federal Court Does Not Result in Waiver of Service of Process Defenses

In the federal court case of Orner v. International Laboratories, Inc., No. 1:20-CV-00449 (M.D. Pa. Nov. 16, 2020 Wilson, J.), the court denied a Motion to Dismiss.

Notably, the court ruled that the filing of an Entry of Appearance and a Demand for a Jury Trial does not waive objections that a Defendant may have to any issues surrounding service of process.

In any event, the court found that the service of process in this matter was successful. 

This decision is also notable for the court's rulling that a Plaintiff may serve the Defendant with the original state court process even after the Defendant had removed the action to federal court.

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reid Smith law firm for bringing this case to my attention.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.