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David Achtenberg Holmes 1-411 235-2382 (BETA) 523-6834 Contact Information.

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Presentation on theme: "David Achtenberg Holmes 1-411 235-2382 (BETA) 523-6834 Contact Information."— Presentation transcript:

1 David Achtenberg Holmes (BETA) Contact Information

2 D P Map

3 Power Theory (Hostile Nations)

4 P D It’s just before the war of Canadian P wants to sue US D in Canadian Courts. How can P force D to defend in Canada? Canada 1

5 P D Arrest D in Canada Seize D’s property in Canada Convince D to consent If D is Canadian citizen, revoke his passport. Canada 1 Canada 2

6 US citizen (D) wants to do business in Canada (Countries still hostile) How can Canada be sure that its citizens (P’s) will be able to sue D in Canadian Courts if disputes occur. Canada 1 P D

7 P D Require D to give a hostage. Require D to post a bond. Canada 1

8 Pennoyer v. Neff

9 Lawsuit 1: Mitchell v. Neff P: D: Ct: Suit: Service: Oregon Resident California Resident Address Unknown Unidentified Oregon Property Oregon State Court Legal Services ($253) Publication (No seizure of property)

10 What Happens Then? D (Neff) buys land in Oregon P (Mitchell) executes against that land Sheriff’s sale held P (Mitchell) buys land at sale ($341) P (Mitchell) transfers land to Pennoyer

11 Lawsuit 2: Neff v. Pennoyer P: D: Ct: Suit: Issue: California Resident (Neff) Oregon Resident (Pennoyer) Purchaser from Mitchell Federal Court in Oregon To recover land / quiet title Is judgment in Suit #1 valid? Did Ct in Suit #1 have PJ?

12 Lawsuit 1: Mitchell v. Neff P: D: Ct: Suit: Service: Oregon Resident California Resident Address Unknown Unidentified Oregon Property Oregon State Court Legal Services ($253) Publication (No seizure of property)

13 Summary Outline

14 4 Requirements for Forcing D to Defend in the Forum Proper Notice Constitutional Basis Statutory Basis Proper Venue (No Forum Non-Conveniens)

15 5 Keys to Courthouse Door Transient Jurisdiction Domicile Jurisdiction Consent Jurisdiction Long-Arm Jurisdiction General Jurisdiction

16 Transient Jurisdiction Basic Concept: If D can be served in the forum, D can be sued in the forum Exceptions: –Fraudulent Inducement –Presence for Litigation (Limited) Note: This is the only type of PJ that requires that D be served in the forum state

17 Domicile Jurisdiction Basic Concept: If D is domiciled in the forum state, D can be sued in the forum state. What is D’s “domicile”? –Corporations: State of Incorporation –Natural Persons: We’ll discuss later.

18 Consent Jurisdiction Basic Concept: If you agree to be sued in the forum state, you can be sued in the forum state Types of Consent Jurisdiction –Consent in the litigation –Advance Contractual Consent –Advance “Coerced Consent” –“Implied Consent”

19 Long Arm (Contact Based Specific) PJ Basic Concept: –If D has sufficiently significant contacts with forum state, & Forum is reasonable –Then D can be sued in the forum state –But only for causes of action that arise out of those contacts

20 General (Contact Based General) PJ Basic Concept: –If D’s contacts with the state are Systematic & Continuous –Then D can be sued in the forum state For any c/a Even ones that do not arise out of those contacts

21 Harris v. Balk

22 Harris NC Owes $180 Balk NC Epstein MD Owes $300 Sues (in MD) Attaches (in MD) Pays $180 Sues for $180 Harris V. Balk Chart

23 Reasonableness Theory (Single Nation)

24 Reasonableness Map What factors would be considered by a wise Czar of a single nation (divided into administrative subdivisions) deciding where a P can force a D to defend?

25 International Shoe

26 Defendant’s Contacts Delaware -- Incorporated Missouri –PPB –Orders accepted or rejected Washington –No place of business –No contracts made there -??? –11 to 13 salespersons –Shoes shipped into state

27 International Shoe’s Basic Rule (Both Less & More Important Than It Looks) D may be sued in forum state if –D has contacts with forum state –Those contacts are significant enough that Subjecting D to forum’s jurisdiction does not offend traditional notions of fair play and substantial justice

28 Grocery Hypo Under International Shoe

29 Hanson

30 Hanson’s Two Warnings About the Limits of Reasonableness Unilateral activities of third parties or the P will not be enough. D must have purposefully availed itself of the forum state (I.e., D must be responsible for the contacts with the forum state)

31 Grocery Hypo Under Hanson


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