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Oda Nobunaga (California) and Toyotomi Hideyoshi (Oregon) got into a car accident while both were on their way to visit a museum exhibit about the Japanese civil wars in the 16th century. Nobunaga sued in Oregon federal court for $100,000. He served process by having a process server leave the complaint and summons at Hideyoshi's house with his wife. However, Oregon's rules permit only personal service by a non-party. As a result, Hideyoshi files a motion to dismiss for insufficient process, arguing that the federal court should apply Oregon's service rules.Working with a neighbor, decide how the court will rule here. If you think Erie does not clearly answer the question of what to do, formulate a test for how courts can decide what to do in circumstances like this.
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