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| |text=Civil Procedure Freer 7th ed | | |text=Civil Procedure Freer 7th ed |
| |authors=Richard D. Freer*Wendy Collins Perdue | | |authors=Richard D. Freer*Wendy Collins Perdue |
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| }} | | }} |
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| =Unit 1: Personal Jurisdiction=
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| * '''Full Faith & Credit Clause: '''recognizes judgment of other states if it’s valid and has jurisdiction from the start
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| ====Does the court have power over the defendant?====
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| * Rule 4(k)(1)(A): A federal ct has jurisdiction only if the state in which it sits would have jurisdiction. EXCEPT:
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| ** ■ When authorized by federal statute
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| ** ■ “Nationwide service of process” for antitrust, securities, bankruptcy, interpleader (Rule 4(k)(1)(c)
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| ** ■ Rule 4(k)(2) PJ in any federal ct where (Rule 4(k)(2)):
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| *** Claim is based on federal law
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| *** Jurisdiction is constitutional
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| *** No state would have PJ
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| =====Long-arm Statute=====
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| It is a fundamental principle of due process that a court may not issue a valid judgment if it lacks authority over the defendant, that is, PJ. In addition, a court must have a statutory basis for exercising jurisdiction. In this case, we are not told about the long-arm statute, but I will assume that there is one and that it reaches the Constitutional limit. Therefore, the analysis will focus on whether the exercise of jurisdiction would comply with due process.
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| * ''Pennoyer v. Neff ''(1877)
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| ** ○ '''Relevant today: '''14th Amendment’s due process clause acts as a limit on PJ: the validity of every judgment depends upon the jurisdiction of the ct before it’s rendered, not upon what may occur after
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| ** ○ Property wasn’t attached at beginning of case and defendant wasn’t in forum state
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| {| class="wikitable"
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| |-
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| |'''Jurisdiction'''
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| |'''Topic of Suit'''
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| |'''Source of Power'''
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| |'''Enforceable Against'''
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| |-
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| |'''In rem'''
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| |Ownership of property.
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| |Presence of the prop.
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| |That property.
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| |-
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| |'''Quasi-in-rem type 2'''
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| |Personal obligation
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| |Presence of the property
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| |Property (only as much as property is worth, even if dispute is over more money) (attach at outset of case) (''see Shaffer)''
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| |-
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| |'''In personam'''
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| |Power of person
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| |Personal obligation
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| |That person & any prop they own; in state or not; Full Faith & Creditused to need consent & presence + service--new ways today
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| |}
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| '''Quasi in Rem Jurisdiction'''
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| * Allows P to acquire jurisdiction over D wherever D has property in forum
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| * ''Harris v. Balk ''(1905): SC upheld jurisdiction--debt was attachable property for purposes of quasi-in-rem jurisdiction, and that debt was located wherever the debtor was
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| * But note: If there’s a valid in personam judgment, can go after the prop anywhere in the country to collect (Full Faith and Credit)
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| * ''Shaffer v. Heifner'' (1977): P owned stock in Greyhound and the ct attached D’s property (shares in corporation) and established jurisdiction over him
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| ** ○ All assertions of specific jurisdiction, including in rem and quasi in rem, require a min contacts test that would show you could reasonably foresee being haled into ct in that state
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| *** ■ Need some relationship btwn the D and the forum state that’s somehow related to the lawsuit
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| ** ○ HELD: no PJ because the thing to be sued over did not happen in DE, need a tangible connection beyond the situs of the stock
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| ** ○ So now in rem or quasi in rem isn’t as popular, because might as well go to in personam instead
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| ==Ways to get In Personam Jurisdiction==
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| ===Consent===
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| * Can consent by their conduct in litigation or by failing to object timely
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| ** ○ Rule 12 (needs to object timely)
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| * Or '''by contract''' (Forum Selection Clause)
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| ** ○ More recently, these are being enforced
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| * Hess v. Pawlowski
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| ** ○ SC ruled that Hess (nonresident) ''implied consent'' when he drove on MA roads; accident occurred in MA
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| *** ■ Would also be “reasonable” today under ''International Shoe ''
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| ** **Note: this is a form of general PJ. HOWEVER, Daimler doesn’t mention whether its ruling applies if a state long-arm statute allows for a company to “consent” to general PJ. This is still being discussed in the courts
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| ===In-State Service===
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| Transient Presence / Tag Jurisdiction
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| * '''Rule 4(e)''': Proper in-state service for an individual (to determine if service was proper)
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| * Burnham v. Superior Court of Cal.: SC upheld jurisdiction over D who is physically, although temporarily, w/in state when served w/ process
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| ** ○ ''Scalia'': presence in the forum state has always been sufficient
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| ** ○ ''Brennan'': even temporary visitors benefit from state laws
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| ** ○ Tag jurisdiction is a form of general jurisdiction in that the claim need not arise or relate to the D’s presence in the forum
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| * James-Dickinson Farm Mortgage Co v. Harry - can’t claim jurisdiction in another state not related to business by serving process aka “tagging” an executive officer temporarily therein
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| * Personal service over an individual partner or member of such a '''non-incorporated business''' (LLCs!!!) who is present in the forum on company business will confer jurisdiction on the business
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| * Fraud or kidnapping circumstances (lure someone fraudulently in order to serve them and gain PJ) à cts would probably not uphold this bc they want to discourage this
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| ===Domicile===
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| * Individuals: domicile if a place of general PJ
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| * Milliken: there is PJ over D where D is domiciled even if D is temporarily away (instate service not necessary if domiciled there)
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| * Businesses: state of incorporation — see general jurisdiction
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| ===General jurisdiction over any claim, whether or not related to forum contacts===
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