civilprocedure-mckenzie-fall2007(4)

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civilprocedure-mckenzie-fall2007(4)

PERSONAL JURISDICTIONSPECIFIC JURISDICTIONBases for personal jurisdiction: domicile, consent, physical presence, “minimum contacts.” In many cases in

civilprocedure-mckenzie-fall2007(4) which the defendant is not from the forum state, the only basis for PJ will be minimum contacts. Constitutional due process limitation.•Pennoyer V. N

effTerritorial theory. States have exclusive jurisdiction over persons'property within their bordres. Only thing still good law - if they’re in your s civilprocedure-mckenzie-fall2007(4)

tate, you have jurisdiction. Tag jurisdiction.Presence.Quasi-in-remPresence, consent, property, or citizenship - necessary to exercise personal jurisd

civilprocedure-mckenzie-fall2007(4)

iction o Civil capacity and status exception.Constructive service for in personam jurisdiction?•Hess V. PawloskiOut of state resident, long-arm statut

PERSONAL JURISDICTIONSPECIFIC JURISDICTIONBases for personal jurisdiction: domicile, consent, physical presence, “minimum contacts.” In many cases in

civilprocedure-mckenzie-fall2007(4)ternational Shoe Co V. Washington“Minimum contracts" test - PJ limited to claims arising from D’s contacts with forum.■DP requires that in order to su

bject a defendant to a judgment in personam, if he’s not present in the territory, he have certain minimum contacts with it such that the maintenance civilprocedure-mckenzie-fall2007(4)

of the suit odes not offend traditional notions of fair play and substantial justice.“Quality and nature” of contacts - contacts that are "casual” and

civilprocedure-mckenzie-fall2007(4)

“isolated” won't do.If D has minimum contracts, it will be fair to expect him to be subject to suit. If you take advantage of benefits and protection

PERSONAL JURISDICTIONSPECIFIC JURISDICTIONBases for personal jurisdiction: domicile, consent, physical presence, “minimum contacts.” In many cases in

civilprocedure-mckenzie-fall2007(4) state has a right to adjudicate disputes that arise from in-state activities.0 Specific V. general jurisdiction■Court implies that continuous operati

ons in a state could be so substantial to justify suit on causes of action arising from causes of action distinct from its contacts. General jurisdict civilprocedure-mckenzie-fall2007(4)

ion.■Specific jurisdiction - claim arises from the contacts.•Grey V. American Radiator & Standard Sanitary Corp.SC relies on a kind of forseeability a

civilprocedure-mckenzie-fall2007(4)

nalysis -if you’re manufacturing a part that is going to be incorp in a product that is sold across the country, shouldn’t be so surprised that you ge

PERSONAL JURISDICTIONSPECIFIC JURISDICTIONBases for personal jurisdiction: domicile, consent, physical presence, “minimum contacts.” In many cases in

civilprocedure-mckenzie-fall2007(4)n-resident defendant for certain acts committed, even if committed outside the state. Says statute permits jurisdiction over certain classes of cases

as long as exercise of jurisdiction doesn’t offend DP clause, (“to the max statute" as far as you can go within DP clause)•Advance RossSame provision civilprocedure-mckenzie-fall2007(4)

of IL long-arm statue in play. Shareholder derivative suit - fiduciary' duties to exercise reasonable care - shareholder sues on behalf of the corpora

civilprocedure-mckenzie-fall2007(4)

tion to go after corporate officer.Court says no jurisdiction, even though company is HQed in IL and harm that came from D’s actions felt in ILConsequ

PERSONAL JURISDICTIONSPECIFIC JURISDICTIONBases for personal jurisdiction: domicile, consent, physical presence, “minimum contacts.” In many cases in

civilprocedure-mckenzie-fall2007(4)y interpretation with concepts about DP clause in background•International Ins. Co. V. McGeeFranklin buys life insurance policy from predecessor 10 In

ternational Life, contract sent to CA. Franklin pays premiums, names McGee as beneficiary. Franklin dies, International Life says that they’re not goi civilprocedure-mckenzie-fall2007(4)

ng to pay. McGee sues in CA court.Never had offices in CA. never solicited business in CA, have no other insurance contracts in CA. Only one. TX court

civilprocedure-mckenzie-fall2007(4)

rules that CA court didn’t have jurisdiction to enter judgment, so TX refused to enforce it.0 SC - CA had jurisdiction■Base it on the contract Frankl

PERSONAL JURISDICTIONSPECIFIC JURISDICTIONBases for personal jurisdiction: domicile, consent, physical presence, “minimum contacts.” In many cases in

civilprocedure-mckenzie-fall2007(4)exercising jurisdiction in CA would be reasonable. Considers states interest in providing means of redress for its citizens.Convenience - sure there’s

inconvenience to the defendant, but sov interest in making sure insurance companies pay. CA has that interest. All witnesses are in California.■Forum civilprocedure-mckenzie-fall2007(4)

2 has to enforce judgment unless forum 1 didn’t have jurisdiction to enter it — part still good law from Pennoyer.

PERSONAL JURISDICTIONSPECIFIC JURISDICTIONBases for personal jurisdiction: domicile, consent, physical presence, “minimum contacts.” In many cases in