No Personal Jurisdiction Over the State If the Attorney General Is Not Served
Personal Jurisdiction
November 16, 2010
Yesterday, the Court of Appeals held that a claim against the State of Indiana was properly dismissed because the plaintiff did not serve the Attorney General in Guy v. Commissioner, Indiana Bureau of Motor Vehicles, 937 N.E.2d 822 (Ind. Ct. App. 2010), Case No.30A01-1001-PL-186. The fact that the plaintiff served the Commissioner of the BMV was insufficient to establish personal jurisdiction.
Lessons:
Yesterday, the Court of Appeals held that a claim against the State of Indiana was properly dismissed because the plaintiff did not serve the Attorney General in Guy v. Commissioner, Indiana Bureau of Motor Vehicles, 937 N.E.2d 822 (Ind. Ct. App. 2010), Case No.30A01-1001-PL-186. The fact that the plaintiff served the Commissioner of the BMV was insufficient to establish personal jurisdiction.
Lessons:
- When suing the State under the AOPA, you must serve the Attorney General in order to obtain personal jurisdiction over the State.
Brad A. Catlin
Price Waicukauski & Riley, LLC
Learn more about Brad and contact us
Download a copy of this article here
Price Waicukauski & Riley, LLC
Learn more about Brad and contact us
Download a copy of this article here
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