I.
Personal Jurisdiction
A.
In Personam Jurisdiction
1.
Constitutional Standard Due Process Analysis
a)
Pennoyer v. Neff The state has power, and therefore
jurisdiction, over
people and things within its boundaries Four traditional bases
of in
personam jurisdiction
(1)
Defendant was served with process in the forum
general
jurisdiction (presence as the basis of jurisdiction)
(2)
Defendants agent was served while in the forum
(3)
Defendant is domiciled in the forum
(4)
Defendant consents to personal jurisdiction
b)
Hess v. Pawloski Supreme Court expanded personal
jurisdiction by
expanding traditional bases
c)
International Shoe Co. v. Washington The court has
jurisdiction if the
defendant has such minimum contacts with the forum so that
exercise of
jurisdiction does not offend traditional notions of fair play and
substantial
justice.
d)
Hanson v. Denckla Purposeful availment. To be a
contact, it must result
from the defendants purposeful availment of the forum.
e)
World-Wide Volkswagen v. Woodson It must be
foreseeable that the
defendant could get sued in the forum.
f)
Burger King Corp. v. Rudzewicz International Shoe
consists of two parts.
(1) contact, and (2) fairness. To show jurisdiction is unfair, D
must show that
defending the case is so gravely difficult and inconvenient that
you are at a
severe disadvantage in the litigation. However, the relative
wealth of the
parties is irrelevant.
g)
Asahi Metal Industry v. Superior Court Stream of
commerce case.
2.
Statutory Inquiry
a)
Every state claims general jurisdiction over a defendant
who is served with process in the forum.
b)
Every state has a statute that gives general jurisdiction
over a defendant
who is domiciled in the forum.
c)
Every state has a non-resident motorist act.
d)
Long-Arm Statute Every state has one, to allow
jurisdiction over
non-residents. Two types:
(1)
California statute Statute reaches to the full
extent of due process
(2)
Laundry list statute A non-resident defendant can
be sued in the state on a claim that arises from the
defendant doing something
specic in the forum
B.
In Rem and Quasi-in-Rem Jurisdiction
1.
Denitions. Here, the jurisdiction is over the defendants
real or personal property.
a)
In Rem Jurisdiction The case is about ownership of the
property itself.
b)
Quasi-In-Rem Jurisdiction Lawsuit has nothing to do with
ownership of
the property, but property is used for a jurisdictional basis.
2.
Attachment.
a)
We can attach the property if it is something a nonresident defendant owns or claims to own.
b)
Constitutional Requirement Property must be attached
at the outset of the case. And under Shaffer v. Heitner, D must
meet the International Shoe test.
C.
C. Full Faith and Credit
a)
In Personam Jurisdiction If there is a valid judgment, it is
valid where it
was rendered, and it is entitled to full faith and credit in other
states.
b)
In Rem and Quasi-in-Rem Valid to the extent of
jurisdiction, so the
judgment is only good up to the value of that property.
II.
Notice and the Opportunity to Be Heard
A.
Service of Process
1.
Process Process consists of a summons and a copy of the
complaint.
2.
Rule 4(c)(2) Service can be effected by any non-party
who is at least eighteen years old.
3.
Process must be served within 120 days after ling the
complaint. If you do not, the court will dismiss the case without
prejudice, unless you can show good cause for that delay. Rule
4(m).
4.
Service of process on an individual. There are 3 alternative
methods for service of process:
a)
Personal Service Deliver the papers directly to the
defendant can be
done anywhere in the forum state.
b)
Substituted Service This is OK only at the defendants
dwelling or usual
abode, AND you must serve someone of suitable age and
discretion who
resides there.
c)
Agent Service Serve the defendants agent.
d)
Rule 4(e)(1) The court may also use any method for
service of process
that is allowed by state law of the state where the federal court
sits OR in
which service was effected.
5.
Service of process on a corporation. You must serve an
ofcer or managing or general agent of that corporation. Also,
Rule 4(e)(1) applies.
6.
Waiver of service Method for waiving formal service of
process. Send process
and waiver form to defendant with a self-addressed stamped
envelope. If she returns it, then she waives service of process. If
she does not waive formal
service, then the plaintiff will have to have service affected
formally. Then, though, the defendant will have to pay for the
service.
7.
Rule 4(k)(1) Can serve process throughout the state in
which the federal court sits. We can serve process out of the
state only if a state court could have served the process there, as
well.
a)
Exceptions:
(1)
Rule 4(k)(1)(B) We can serve process from a
federal court out of state as long as it is within 100 miles
of a federal courthouse.
However, this does not apply to service of process on an
original
defendant. It only applies to parties who are joined later
under Rules
14 or 19.
(2)
Rule 4(k)(1)(C) Federal statutes may allow for
more service of
process outside of the state.
B.
Constitutional Standard for Notice
1.
Mullane v. Central Hanover Bank Notice must be
reasonably calculated under the circumstances to apprise the
defendant of the suit.
a)
Jones v. Flowers usually it is not required that D actually
receive the
service; but if P is aware that D has not, due process may
require that P make
further effort to ensure notice.
2.
Notice by publication Usually in the newspaper. This type
of notice might be okay. Last resort.
C.
Opportunity to Be Heard
1.
Major factors to protect the defendant:
a)
Defendant gets a hearing on the merits at some point.
b)
Plaintiff must give an afdavit of its claim.
c)
May require that the plaintiffs afdavit state the facts in
specicity.
d)
Get a writ of possession from a judge, not a sheriff.
e)
Plaintiff may be required to post a bond.
f)
Defendant gets the property back pending litigation by
posting a bond.
