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

David AchtenbergHolmes 1-411

235-2382 (BETA)523-6834

[email protected]

Contact Information

D

P

Map

Power Theory(Hostile Nations)

P

D• It’s just before the war of 1812.• Canadian P wants to sue US D in

Canadian Courts.• How can P force D to defend in

Canada?

Canada 1

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

• 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

P

D

• Require D to give a hostage.

• Require D to post a bond.

Canada 1

Pennoyer v. Neff

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)

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

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?

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)

Summary Outline

4 Requirements for Forcing D to Defend in the Forum

Proper Notice Constitutional Basis Statutory Basis Proper Venue (No Forum

Non-Conveniens)

5 Keys to Courthouse Door

Transient Jurisdiction

Domicile Jurisdiction

Consent Jurisdiction

Long-Arm Jurisdiction

General Jurisdiction

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

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.

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”

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

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

Harris v. Balk

HarrisNC Owes $180

BalkNC

EpsteinMD

Ow

es $

300

Sues(in

MD)

Attaches(in

MD)Pays $180

Sues for $180

Reasonableness Theory

(Single Nation)

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?

International Shoe

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

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

Grocery Hypo Under International Shoe

Hanson

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)

Grocery Hypo Under Hanson