Federal Deposit Insurance Corporation v. Oaklawn Apartments

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the plaintiff has the burden of “establishing the validity of the service of process”
• holding that affidavits supporting or contesting a Rule 12(b)(1) motion must contain “personal knowledge, admissible facts, and [an] affirmative showing of competency”
• explaining that the burden of establishing validity of service of process is on the plaintiff
• recognizing that a defendant may waive a personal-jurisdiction defense
• observing that “[i]f a party files a pre-answer motion and fails to assert the defenses of lack of personal jurisdiction or insufficiency of service, he waives these defenses”
• observing that “whatever degree of proof is required initially, a plaintiff must have proved by the end of trial the jurisdictional facts by a preponderance of the evidence” (quotation omitted)

Source: CourtListener parenthetical corpus (CC0).