Student-submitted practice essays

From Fall 2014 1L Anthony Alvarez:

Suppose David from Alaska gets into a wreck with Nancy from New Jersey. The accident happens in eastern Pennsylvania. Nancy then files suit against David in New Jersey state court. Importantly, this is how David got served: after the complaint was filed, David was driving through Philadelphia, PA with zero intention of going to New Jersey. However, David had a stroke while jamming out to Motley Crue leaving him passed out at the wheel. As a result, David’s car drove through New Jersey lines while unconscious and crashed into a tree on the side of the road. To his surprise as he gained consciousness, Tommy Lee knocked on David’s car window. David opened the car window and Tommy Lee served David with the complaint and summons. Question: is there transient presence jurisdiction over David in New Jersey? Might the analysis differ depending on whether a court follows Scalia or Brennan?

Last updated Oct. 13, 2014