- Approaches / Views
- Assume that can bring axns anywhere then look
- Look historically where limited options expanded
- Imp. of Parties
- Concerned about D, where D lives, & binds
on the person
- Components of Pers. Jxn
- Territorial jxn, jxn'al basis, & jxn 2
- Territorial Jxn, Jxn'al Basis, & Jxn 2
- Basic Framework of Analysis
- Need state L-A stt. 2 exercise jxn over
- Look @ Gray, stt'ory construction, etc.
- Before specif. list of jxn's but now gen. / ct.
- Const'al 14th Amend. D/P analysis where Sup Ct
interp's the outer limit that state can try 2 reach
- Two part test & must 1st satisfy state L-A
- Can B waived unlike subj. matter jxn
- Trad'al Basis (Pennoyer v. Neff): Clear rule
- Jxn over D by pers'al serv. w/in forum state
- Axn filed in state
- D present in state
- Pers'al serv. made in state
- Jxn over D by prop. as basis : Quasi-in-rem
- Need 2 seize the prop.
- And must B @ the outset where it's after filing
case but before jgmt
- Minimal notice: seizure is constructive custody
- Prob's of this
- No link btwn litig. & prop.
- Ez 2 apply but no guarantee that prop. is in
- Only allowed 2 give protection against non-resident
& state sov.
- If do busi. instate, state can req. agent so
fix so that have somebody 2 serve in state
- Agmt in K
- Showing up / vol. appearance
- If come 2 let ct. know is protesting jxn but
did it wrong
- Determining Civil Status like Marriage
- No need 2 serv. / pers'al notice when state have
rt. 2 do cert. proceedings
- Marriage consid'ed as prop. & in rem
- Wyman v. Newhouse qualification
- Fraudulent inducement 4 pers'al serv. is no good
but fraud after getting 2 state o.k.
- Transition: Hess v. Pawloski
- Specif. stt. by agent & consent
- Modern Test: Int'l Shoe
- Two Parts
- Min. contacts
- Fair, just, & rsbl
- Min. Contacts
- Gen v. Specific
- Cause of axn not arise out of / rel. 2 the contact
btwn D & the forum state so need more contacts (Perkins)
- Need cont. & sys. activities (look @ facts
- Remeber Helicopteros: Need lots of contact
- Claim arise out of / rel. 2 the contacts outsider
D had w/F state
- Can B casual / isolated
- Element of purposeful availment by outsider D
2 F (Hanson)
- D sought out / initiated contact P (McGee)
- D acted in a way it knew would injure / have
effect in F state knowingly so could expect 2 B "haled
- But unilateral activity by P w/nonres. D not
good enough 4 pers. jxn
- Would like 2 find specif. jxn b/c not need
as much contact as gen.
- Fair, Just, & Rsbl (WWV & Burger King)
Personal Jxn Cont'ed
- Three Part Cnxn: D, forum, & litig.
- In Personam v. In rem
- State L-A stt 4 jxn / Fed Rule 4)k (look @ lec
16 & basically fed. like state law)
- Due Process analysis (min. contact)
- State / Fed Rule 4 4 notice
- Due Process analysis (Mullane)
- Territorial Jxn, Jxn'al Basis, / Jxn 2 Adjudicate
- Int'l Shoe Test
- Min. Contact
- Fair Just & Rsbl
- Fair, Just, & Rsbl (WWVW, BK, & Asahi)
- One v. Two Inquiries
- WWVW said need commercial purposeful cnxn b/c
rsbl & fair not enough so 2 inquiries
- BK, 1 inquiry of min. contact & rsblness
so purposeful then it's rsbl & if rsbl, not need as much
- Asahi has 2 inquiries where if either 1 not satisfied
(fairness) then no jxn
- BK Factors
- Burden on D
- Forum state's int. in adjudicating
- P's int. in conv. & effective relief
- Interstate jud. sys's int. in obtaining most
- Shared int. of sev. states in furthering fund'al
subst. soc. policies
- Pg. 103 where in Bk, if meet purposeful min.
contact & not unrsbl, then need compelling case 2 say it's
- Asahi of foreigness factor
- Unrsbl & unfair 2 litig. b/c it's 2 non-US
entities w/nothing 2 do w/forum state's int.
- BK Case
- Choice of law cl.
- Contrast 2 WWVW where it's cont'ing set of rel.
- K case not just prod. case where if not vol arr.
then can get out by K law
- Stream of Commerce
- Brennan said awareness enough even though WWVW
said foreseeabiltiy of prod. not enough
- O'Connor wants more than awareness 4 intent /
- Design the prod. 4 mkt in forum state
- Ad in forum state
- Est'ing channels
- Mkt'ing prod.
- Steven + Brennan = purposeful availment
- Commercial Supplier of Goods
- Look @ both WWVW & Asahi where ct's concerned
about looking 4 specif. efforts on D 2 get benefit of mkt so awareness
might B enough
- Intangible Injury Cases
- Calder v. Jones & Hustler cases (same test0
- Kulko Case (family law)
- In Rem
- Harris v. Balk said can attach intangible prop.
like debts & stock where debt is located wherever debtor is
- Shaffer v. Heitner said since really about person's
int. in prop, apply Int'l Shoe test so prop. will no longer the
- Person's Presence
- Burnham v. Superior Ct relied upon historical
pedigree & trad. not on min. contact 2 find that presence
of person in state still o.k. jxn
- Consent in Forum Before Litig.
- Carnival Cruise w/Forum selection cl (NOT choice
of law) on tix b/c of litig. cost, econ, etc.
- Although said can consent by K before w/o limitation,
qualif. b/c Carnival Cruise is FED ADMIRALTY case....states may
not follow it
- Can consent not 2 litig. --forum ouster cl.
- Consent 2 Outset of Litig.
- Waiving by litig'ing instead of challenging even
- Implied Consent (Hess v. Pawloski)
- Consent by Waiving in Course of Litig.
- Ins. corp. of Ireland v. Compagnie des Bauxites
de Guinee where D was uncoop. in est'ing / not est'ing contact
so said consent 2 contact
- Jxn by nec.
- never officially recog'ed but sugg. if no state
forum has any better contact, & only other possible litig.
- Challenging Jxn
- Not appear then obj.
- Spec. Appearance
- Show up when proceeding go on (Rule 12)b)2)
- Only 1 chance & must follow through
- Kinds of Attack
- Attack in very proceeding by appealing in the
- 2nd proceeding after the case over on merits
& everything dec'ed
- Can B after litig'ed OR after taking default
- Due Process: Mullane v. Central Hanover Bank
& Trust Co.
- Must B rsbly Calculated under all circ. 2 the
axn pending & opp. 2 present obj.
- Convey info rsbly
- Rsbl X 2 make appearance
- Only rsbl chance that people get it not that
will get it
- Cost & $
- Conseq. of notifying some but not all
- Convey Imp.
- Can't just put notice on door
- If can't read, then serve by auth / envelope
sugg'ing imp. etc.
- Miedreich v. Lauenstein
- If P innocent & really tried by rsbl means,
if D not get it, P off hook
- Stt: Rule 4
- Sub e-j classif's ways 2 serve dep'ing on those
types of people
- Sub l: proof of serv.
- Sub m: 120 days
- Sub n: seizure of prop.
- Rule 5 AFTER axn started
- Rule 4)e)2: dwelling / usual place of abode dep's
on facts (Leigh v. Lynton & Nat'l Devt Co v. Triad Holding
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Ms. Haeji Hong
January 15, 1998