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10 Cards in this Set
- Front
- Back
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general jurisdiction over entity IF...
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∆’s contacts with the state are systematic and continuous
and ∆ (or agent) can be served in MO cause of action can be unrelated to contacts |
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when to raise pj defense
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∆ must raise pj defense at first opportunity
waived IF: ∆ files pre-answer motion w/o raising it ∆ files an answer w/o raising it ∆ requests affirmative relief (cross-claim) no waiver if motion for additional time |
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venue - general rule
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GENERALLY venue is proper in the county where any ∆ resides
individuals can have more than one residence corp residence is registered office (not just any office where it does business) unregistered foreign corp has no MO residence IF no ∆ is MO residence, venue is proper in any county IF ∆ is a resident, venue is proper in county where ∏ resides if ∆ can be served there |
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when to determine residence for venue purposes - general rule
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determine residence at filing of petition or any amendment adding ∆ (old) – now probably determine residence at the time ∏ was injured
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venue - tort rules
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IF ∏ was first injured in MO, venue is proper only in county where ∏ was injured
IF ∏ was first injured outside MO and ∆ is a corp, venue is proper in county where ∆’s registered agent is located OR ∏’s principal place of residence in MO was located at the time of injury IF ∏ was first injured outside MO and ∆ is an individual, venue if proper in county where: ∆’s principal place of residence was located at time ∏ was injured OR ∏’s principal place of residence at time ∏ was first injured |
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place of first injury - wrongful death
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where decedent injured
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place of first injury - consortium
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where physically injured spouse was injured
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place of first injury - defamation
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defamation = where statement first published
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place of first injury - latent injury
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where trauma or exposure occurred (not where symptoms manifest)
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place of first injury - health care (malpractice)
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where ∏ was first treated by ∆ for condition at issue
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