PJ / In Personam

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1
Personal Jurisdiction (PJ)
Court must have authority to require DF to appear in forum and defend action --If court has this type of jurisdiction a judgement against DF can be satisfied from any assets DF owns; person is subject after Milliken and Hess even if not served w/in state's borders, if DF was domiciled there or had implicitly consented to PJ in forum.
2
In rem jurisdiction
Involves court's assertion of control over DF's specific property, such as real estate or a bank account, located w/in state where DF is sued. Doesn't give jurisdiction over DF personally but did subject DF's attached (See--writ of attachment) property to power of court. Unlike a judgement based on in personam jurisdiction, this doesn't subject DF to orders from court or entitle PL to collect judgement from other property DF owned.
3
writ of attachement
an order for sheriff to attach (assert control of) particular real or personal property DF owned in forum.
4
Implied consent
Hess v. Pawloski--acceptance by a nonresident of rights and privileges conferred by section three or four (e.g. driving a vehicle) shall be deemed equivalent to (implied consent)
5
Role of domicile
an alternative basis for court to exercise PJ over individual
6
Milken v. Meyer
domicile in state is alone sufficient to bring absent DF w/in reach of state's jurisdiction for purposes of a personal judgement. As long as suit doesn't offend traditional notions of fair play and substantial justice.
7
Presence
Terms used to symbolize those activities of corporation's agent w/in state which courts will deem to be sufficient to satisfy demands of due process. Demands such as; corporation's contact w/ state of forum as to make it reasonable to requires corporation to defend particular suit which is brought there. "estimate of inconveniences" matters. Presence in state never doubted when corporation's activities there haven't only been continuous and systematic but give rise to liabilities sued on. Casual contact not enough.
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General in personam jurisdiciton
continuous and systematic contact (can be sued for anything) but if it's a single or occasional contact they can't be sued for just anything, must arise from those contacts (See e.g. specific jurisdiction.) on going contacts w/ state; can be sued in forum even if claim arose elsewhere.
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Specific in personam Jurisdiction
Other acts because of their nature and quality and circumstances of commission may be deemed sufficient to render corporation liable to suit; specific contact w/ state
10
Burnham v. Superior Court
After Intn'l Shoe--personal service on individual DF while DF is w/in state still supports PJ in most circumstances.
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Special Appearance
most jurisdictions held DF waived any objection to PJ if she appeared in court and raised any issue other than PJ
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Direct Challenge
challenges in court where lawsuit was filed
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Collateral Challenge
DF first must fail to appear in court where PL filed original lawsuit. This failure to appear eventually results in a default judgement being entered against DF. PL can take judgment to a state where DF resides or has assets and can ask court to enforce judgement under Full Faith & Credit.
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interlocutory appeal
appealing issue in middle of a case
15
long arm statutes
Specify contacts w/ state that allow their courts to assert jurisdiction over DF ; Court can exercise PJ only if relevant long arm statute authorizes and constitution doesn't prohibit.
16
Hanson v. Denckla
Essential in each case there be some act by which DF purposefully availed itself of privilege of conducting activities w/in forum state, thus invoking benefits and protections of its laws.---Made clear overall consideration of forum's connection to controversy isn't a substitute for existence for minimum contacts. DF has to have initiated a contact in forum state; Due process clause may act to divest State of its power to render a valid judgement.
17
Minimum Contacts
(1) Protects DF against burdens of litigating in a distant or inconvenient forum. "reasonableness or fairness"
(2) Acts to ensure states through their courts, don't reach out beyond limits imposed on them by status as coequal sovereigns in a federal system.---Contacts are necessary requirement, but not sufficient to establish specific jurisdiction
18
Personal Jurisdiciton Reasonableness
(1) forum state's interest in adjudicating dispute
(2) PL's interest in obtaining convenient and effective relief
(3) interstate judicial systems interest in obtaining most efficient resolution 4) shared interest of states in furthering social policy--W.W. Volk
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Exercise of Specific Jurisdiction after W.W. Volk.
1) D has contact w/ forum state 2) contacts purposeful or deliberate 3) suit arose from contact 4) reasonable based on those characteristics
20
Gray v. Am. Radiator & Standard Sanitary Corp.
a component part manufacturer is subject to PJ in a state where its component is ultimately sold, even though component part manufacturer didn't sell component directly into state.
21
"stream of commerce problem"
Titan Valve sends valves to American Radiator in Penn--> Am. Radiator puts valves in water heaters--> Illinois consumer buys H2O heater and is injured
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