CONCEPTUAL FRAMEWORK Choosing a Trial Court Choosing a Trial Court (Federal or State Court) Subject Matter Jurisdiction Personal (Territorial) Jurisdiction.

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Presentation transcript:

CONCEPTUAL FRAMEWORK Choosing a Trial Court Choosing a Trial Court (Federal or State Court) Subject Matter Jurisdiction Personal (Territorial) Jurisdiction Venue Venue Transfer Forum non conveniens + +

WHERE WE ARE Territorial (Personal) Jurisdiction Territorial (Personal) Jurisdiction Federal CourtState Court PowerProcess

SMALL GROUPS Reporting Back Which cases are most & least consistent with International Shoe?

SMALL GROUPS Reporting Back Which cases are most & least helpful in predicting future outcomes?

SMALL GROUPS Reporting Back Which cases reach good results on the facts?

BONUS QUESTION Which cases could be avoided with better advance planning by the parties or the state?

TAKEAWAYS Specific Jurisdiction Themes General Modern communications & “fairness” Tort cases “stream of commerce analysis “foreseeability” analysis circularity “purposeful availment”

TAKEAWAYS Specific Jurisdiction Themes Contract cases power imbalances

TAKEAWAYS Specific Jurisdiction Doctrine Elaborating “minimum contacts” Claim/contact relationship “Purposeful availment” “Foreseeability” Fairness