T. H. Glennon Co., Inc. v. Monday
Split Score
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Case Summary
Disposition
Reversed in Part
The First Circuit reversed the district court’s dismissal of claims against Massachusetts resident Debra Monday, holding that the court plainly had general personal jurisdiction over her, but affirmed the dismissal of claims against the out-of-state corporate defendants for lack of personal jurisdiction. The panel also rejected the appellant’s perfunctory RICO-based and conspiracy-based jurisdiction arguments and denied its request for jurisdictional discovery.
Circuit Split Identified
Legal Issue
Whether 18 U.S.C. § 1965(b) (or another subsection of § 1965) authorizes nationwide service of process—and hence nationwide personal jurisdiction—in civil RICO actions.
Circuit Positions
Nationwide service of process is available under § 1965(b); ends-of-justice standard governs nationwide personal jurisdiction.
Nationwide service/personal jurisdiction is NOT automatically available under § 1965; defendants must still satisfy forum-contacts requirements unless other subsections are met.
Approach unsettled/undecided.
Conflict Summary
Several circuits interpret § 1965(b) to allow nationwide service of process (and nationwide personal jurisdiction) in civil RICO suits when the 'ends of justice' require it, while others reject that view and require traditional minimum-contacts analysis unless at least one defendant is properly served in the forum. The First Circuit has acknowledged the disagreement but has not yet adopted either approach.