(Dissent) (WW-VW) when aiming to sell in a region, J McIntyre – amenable to suit anywhere in the region Effects Test (Π contacts may enhance) Calder Committed a tort (can be as simple as defamatory comments) at forum (note where is) Π Caused harm in forum Contacts no – No unilateral activity of 3rd party, must Hansen v. Denckla – Δ purposefully avail No unilateral action of or 3rd WW-VW – Π Chattel as agent would lead to universal jurisdiction – Should reasonably anticipate hailed to the forum? Δ Stale contacts Beach – targeting a region but no specific place is insufficient contact – Reasonableness Must insure that jurisdiction would not be unreasonable – Burden on Δ interest in forum Π’s State’s interest in providing forum and subject matter of lawsuit Efficient resolution Federalism another state with competing interest – Just because a can assert jurisdiction doesn’t negate jurisdiction in the original forum Special Cases Power over Property – If allowed by statute, can circumvent other statutory stipulations, Quasi in rem 2 – need Constitutional minimum contacts Shaffer – must be a dispute over title to property In rem – Dispute arises out of that property Quasi in rem 1 – Some disagreement over attachment of real property attached – Rhoades v. Wright – farm Internet Contacts Test Zippo Passive (info only, interactive Active (doing business, contact) Pebble Beach) Proxy for availment conducting transactions and transferring products/services – in forum, then you’ve availed of the forum Location of servers, % of traffic Servers = bank % is just – Helicopteros, awareness, insufficient to establish jurisdiction Theory of jurisdiction WRT corporations Consent implied consent forced when opening business in forum, tag of CEO in – forum on business Business in forum Doing business Foreign corp is getting the benefit of doing – – business in the state, so should be held to judgment International Shoe – Served in forum Presence physical presence in the state general jurisdiction – – – (ERISA is similar) Federal Rule of Bankruptcy Procedure, Rule 7004 Nationwide service of process need contacts with entire US DPC 5th Amendment – – Avail of US Hard to find unreasonable, change of venue is available McIntyre – – Notice Service of Process –
J McIntyre (Dissent) (WW-VW) – when aiming to sell in a region, amenable to suit anywhere in the region Calder Effects Test (Π contacts may enhance) Committed a tort (can be as simple as defamatory comments) at forum (note where Π is) Caused harm in forum Contacts – no Hansen v. Denckla – No unilateral activity of 3rd party, Δ must purposefully avail WW-VW – No unilateral action of Π or 3rd Chattel as agent – would lead to universal jurisdiction Should Δ reasonably anticipate hailed to the forum? Beach – Stale contacts – targeting a region but no specific place is insufficient contact Reasonableness – Must insure that jurisdiction would not be unreasonable Burden on Δ Π’s interest in forum State’s interest in providing forum and subject matter of lawsuit Efficient resolution Federalism – another state with competing interest Just because a can assert jurisdiction doesn’t negate jurisdiction in the original forum Special Cases – Power over Property Quasi in rem 2 – If allowed by statute, can circumvent other statutory stipulations, need Constitutional minimum contacts – Shaffer In rem – must be a dispute over title to property Quasi in rem 1 – Dispute arises out of that property Some disagreement over attachment of real property – Rhoades v. Wright – attached farm Internet Contacts Zippo Test Passive (info only, Pebble Beach) interactive Active (doing business, contact) Proxy for availment – conducting transactions and transferring products/services in forum, then you’ve availed of the forum Location of servers, % of traffic – Servers = bank Helicopteros, % is just awareness, insufficient to establish jurisdiction Theory of jurisdiction WRT corporations Consent – implied consent forced when opening business in forum, tag of CEO in forum on business Business in forum – Doing business – Foreign corp is getting the benefit of doing business in the state, so should be held to judgment – International Shoe Served in forum – Presence – physical presence in the state – general jurisdiction Federal Rule of Bankruptcy Procedure, Rule 7004 (ERISA is similar) Nationwide service of process – need contacts with entire US – DPC 5th Amendment McIntyre – Avail of US – Hard to find unreasonable, change of venue is available Notice – Service of Process
CivPro_McKenzie_Fall_2011.docx