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So you think you have a PERSONAL JURISDICTION case - Coggle Diagram
So you think you have a PERSONAL JURISDICTION case
In Personam
Binds defendant
In Rem
Binds property
Quasi in Rem
Binds property
Was PJ raised by defendant?
Yes
Is the suit in a distant and
inconvenient forum?
Yes
General Jurisdiction
Contacts with the forum state are extensive enough to consider the corporation AT HOME in the state (look for this in corporations)
OR
Domiciled (look for this in individuals)
No (try special jurisdiction)
Yes
-PJ now extends to any claim
plaintiff has agaisnt defendant
This begins general
jurisdiction
Daimler AG v. Bauman
a company can be sued in a state where its contacts give rise to the claim If so then ->specific jurisdiction
OR where it has its
principal place of business
or place of incorporation - so continuous and systematic that it could be rendered
at home
thus granting general jurisdiction
(the case of bloody Argentinian war case)
Subsidiaries of corperations do not establish proper venue in that forum if the only thing association of the facts fo the case are that the subsidiary is present in the forum that the suit was brought
5 more items...
Specific Jurisdiction
Contacts with the forum are the cause of the suit (minimum contacts)
AND
this jurisdiction alligns with due process and fair play
(International Shoe v. Washington)
No (try general Jurisdiction)
Yes
International Shoe v. Washington
Notes: Advancments in tech and
travel forced the court to look back on
Pennoyer v. Neff (now moot)
and establish the MINIMUM CONTACTS RULE
Burger King v. Rudzewicz
purposful availment is a key factor when determing if PJ applies. If the actions were purposfully directed toward the forum state, then PJ applies.
McIntyre Machine v. Nicastro
Arising out of OR relating to defendants contact with the forum
when a corporation benefits form the privilege of doing business within a state, it invokes the state’s laws
A single contact is is not enought to establish jsurisdiction (Helecopteros)
In Rem
In Personam
Quasi in Rem
Pennoyer v. Neff
Notes: If service is an issue, jurisdiction may not be proper
State lines are jurisdictional force fields
Quasi in Rem
Shaffer v. Heitner
(the grayhound bus shareholder case)
Quasi in rem jurisdiction only extends to property when the owner has sufficient contacts with the state
No
PJ would not be a valid
claim for improper forum
-try something else
This case tracks back to minimum
contacts and refocuses on due process
McIntyre Machine v. Nicastro
Arising out of OR relating to defendants contact with the forum
when a corporation benefits form the privilege of doing business within a state, it invokes the state’s laws
No
The defendant has waived their defense of PJ,
the case moves ahead
Pennoyer v. Neff
Notes: If service is an issue, jurisdiction may not be proper
State lines are jurisdictional force fields
International Shoe v. Washington
Notes: Advancments in tech and travel forced the court to look back on
Pennoyer v. Neff (now moot)
and establish the MINIMUM CONTACTS RULE
Shaffer v. Heitner
(the grayhound bus shareholder case)
Quasi in rem jurisdiction only extends to property when the owner has sufficient contacts with the state
Burger King v. Rudzewicz
purposeful availment is a key factor when determing if PJ applies. If the actions were purposefully directed toward the forum state, then PJ applies.
McIntyre Machine v. Nicastro
Arising out of OR relating to defendants contact with the forum
when a corporation benefits form the privilege of doing business within a state, it invokes the state’s laws
This begins general jurisdiction
Daimler AG v. Bauman
(the case of bloody Argentinian war case)
Subsidiaries of corperations do not establish proper venue in that forum if the only thing association of the facts fo the case are that the subsidiary is present in the forum that the suit was brought
BNSF Railway v. Tyrrell
(The leave montana out of this,
she had nothing to do with it case)
Just becuase a corperation has a presence in a state does not mean that it is at home in that state
-I actually agree with the dissent here, as it treads negatively on the previoulsy established case law, specifically McIntyre v. Nicastro