Personal Jurisdiction and the Military...

What is the name of your state? Ohio

How would one define jurisdiction when the Plaintiff was a member of the military for part of a tortious act?

I.E. - Tortious acts are committed, over and over again. The person committing the acts has always resided in same state. Person whom the acts are committed against has lived in several states as a result of military transfers and subsequent retirement.

How would one defend the right to have a tortious suit heard in their county of residence, that has been established for 5+ years now?

Some of the tortious acts were committed against the person while they were a resident of the state the action was filed in.
I realize that this seems clear as mud and any clarification asked for will be happily given.

NancyLou9 said:

What is the name of your state? Ohio

How would one define jurisdiction when the Plaintiff was a member of the military for part of a tortious act?

I.E. - Tortious acts are committed, over and over again. The person committing the acts has always resided in same state. Person whom the acts are committed against has lived in several states as a result of military transfers and subsequent retirement.

How would one defend the right to have a tortious suit heard in their county of residence, that has been established for 5+ years now?

Some of the tortious acts were committed against the person while they were a resident of the state the action was filed in.
I realize that this seems clear as mud and any clarification asked for will be happily given.

Click to expand...

**A: I agree.

LOL

I can always count on you to give me a smile. With the weather being so yucky, I need one!

I'd be happy to clarify, if you would ask me some questions... ;-)

Re: LOL

NancyLou9 said:

I can always count on you to give me a smile. With the weather being so yucky, I need one!

I'd be happy to clarify, if you would ask me some questions... ;-)

Click to expand...

**A: how old are you?
Are you single? Do you like to party? What are you wearing now?

Oooh, you devil you!

I'm married, love to party, but my old bones won't let me do it as well as I used to, I'm 29 with 10 years experience and I'm wearing my mistress outfit, with the seamed stockings and thigh high leather boots.

Re: Oooh, you devil you!

NancyLou9 said:

I'm married, love to party, but my old bones won't let me do it as well as I used to, I'm 29 with 10 years experience and I'm wearing my mistress outfit, with the seamed stockings and thigh high leather boots.

Click to expand...

**A: Wow, that's my kind of girl.

Okay, fantasty time over! LOL

But WOOHOO! What am imagination!

Let's see if I can clear things up a bit for you...

Husband was in military for 17 years, receiving a medical retirement in 1998.

The torts were committed against myself, my husband and our minor child.

When I married him, he was a resident of TN, as a member of the Air Force. Since we married, his residency was never brought up as he didn't own property and didn't vote in any elections as he would forget to contact the powers that be for absentee ballots, and his ex stayed in Colorado. Also, his home of record was really no longer valid, as he used his mother's address and she moved before the torts were committed, to another state. Also, TN does not have state taxes, just sales tax, and he never filed a state tax return with the state of TN. When we filed them in Mississippi, he filed as a part-year resident.

The torts the ex committed were all committed over a 9 year time span, committing them while we were in each state we lived in, including Ohio, excepting Colorado. The other state involved is Mississippi, to which she has never set foot in, and we were only there as a result of military transfer. I could have been considered a resident, but my husband couldn't, nor could he have been considered a resident of Colorado, as he never owned property there, nor was he a registered voter. He was simply there as a result of military transfer.

What could be the jurisdiction in a tort in this matter?

Could one make a case that the jurisdiction be Ohio, as the bulk of the torts committed did occur while the Plaintiffs were residents of Ohio? We have tried several times to get the defendant into a Rule 16 Conferance, but she refuses to contact us, return our calls and to respond to our letters requesting she do so. She refuses to fast track this at all, choosing instead to ignore as much as possible...

Sorry to bore you with all this, but I'm a little stumped here...

Forgot to add...

Prior to the filing of the Motion to Dismiss, the defendant, on two separate occasions, contacted the court, ex parte, asking that she be permitted to attend all hearings via telephone.

Could one make the argument that she, by writing those letters, gives the court permission to take jurisdiction over her?

Several 'concerns'.
- What EXACTLY were the claimed 'tortious actions'??
- With them being spaced over 9 years, some of them will drop due to SOL issues. Exactly what torts, in what states, in what years?

And finally, since this appears to be an interstate claim, HE needs to consider pursuing HIS claims in federal court (if the other requirements are met). No one state court will suffice for interstate claims.

Um, let me see if I can do this...

The torts are:

Fraud, Ohio and Mississippi
Intentional Infliction of Emotional Distress, Ohio and Mississippi
Negligent Infliction of Emtional Distress, Ohio
Interferance in a familial relationship, Ohio.

There is attached some lost wages due to husband having to retire early and losing some retirement wages, totaling a significant amount.

My son and I are attached per civil procedure with loss of consortium for myself and my son, Ohio.

I know there's more. However, with the SOL, wouldn't she have to raise that objection in order for it to be considered?

We are certainly willing to settle this for much less than we are asking, she simply refuses to schedule a Rule 16 conf. in order to discuss it.