specific jurisdiction
the activities that are the source of
PJ are also those giving rise to the
cause of action
e.g. D intentionally enters into Va
and commits a tort – there is
specific PJ in Va
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Specific Jurisdiction - Civil Procedure - Lecture Slides, Slides of Civil procedure
This lecture is from Civil Procedure. Major points Privilege, Limitation on Further Motions, Venue in Federal Court, Supplemental Jurisdiction. Key important points are: Specific Jurisdiction, Cause of Action, Intentionally, Commits, Specific, General Jurisdiction, Rising, Substantial, Continuous Contacts, Activities
Typology: Slides
2012/2013
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specific jurisdiction
the activities that are the source of PJ are also those giving rise to the cause of action
e.g. D intentionally enters into Va and commits a tort – there is specific PJ in Va
general jurisdiction
the activities that are the source of PJ are not those rising to the cause of action
but D has such substantial continuous contacts with the forum state that it can be sued on any cause of action there Docsity.com
specific jurisdiction that is sort of like general jurisdiction (questionable case)
not all of the event giving rise to the cause of action occurred in the forum state (e.g. out- of-forum-state activities by the D had in-state effects)
but PJ exists over the D for the cause of action because unrelated contacts with the forum state are added (although not enough to create general jurisdiction) Docsity.com
general jurisdiction that is sort of like specific jurisdiction (very questionable case)
the activities that are the source of PJ are not those rising to the cause of action
BUT the activities giving rise to PJ are similar to those that D has in the forum state, and D has a lot of contacts with the forum state (although not enough to justify PJ over D for any cause of action) Docsity.com
Perkins v. Benguet Consolidated Mining (US 1952)
GOODYEAR DUNLOP TIRES
OPERATIONS, S. A., v. EDGAR D. BROWN
U.S. S.Ct. - June 27, 2011
Ex Parte Newco Mfg, 481 So.2d 867 (Ala. 1985)
- Alabama P brings a wrongful death action against NewCo (incorporated in Missouri with its principal place of business in Missouri), the manufacturer of thimble clamps for grist blast machine.
- The manufacture and sale of the thimble clamps occurred in MD.
- The accident occurred in Tenn.
- Newco's annual sales in Alabama during the period of January 1979 to December 1984 ranged from $65,000 to $85,000, with a total of 2,000 transactions.
We find that Newco engages in that continuous and systematic course of conduct in Alabama, albeit through an independent manufacturer's representative or the telephone and mail services, that will support a reasonable exercise of jurisdiction by the courts of Alabama. Newco's annual sales in Alabama during the period of January 1979 to December 1984 ranged from $65,000 to $85,000, with a total of 2,000 transactions. Newco's contacts with Alabama are deliberate rather than fortuitous and, therefore, it was reasonably foreseeable that Newco, in purposefully doing business in Alabama, would at some point both need the protection and invoke the jurisdiction of the courts of Alabama. Newco avails itself of the privilege of making sales (and profits) in Alabama in a continuous and systematic course of merchandising. For the privilege of conducting such activities, Newco must bear the burden commensurate with the benefits received from its sales in Alabama. Docsity.com
Imagine that all of Newco’s thimble clamps except the one causing the accident were sold (through an intermediary) in Alabama.
A Louisiana P is injuired in Astropark in Houston, Tex. Astropark is a Delaware Corp., with its principal place of business in Texas. In considering whether Louisiana had general PJ over the defendant, the court said the following:
The final and most difficult inquiry presented by this appeal is whether subjecting Astropark to in personam jurisdiction in Louisiana is constitutionally permissible under the operative facts. Upon close examination we conclude and hold that valid personal jurisdiction exists.
(1) An advertising program aimed at Louisianians, including the distribution of brochures and thousands of radio and television spots, together with advertisements in local, national, and regional publications, all extolling the wonders of Astroworld and encouraging visitors to attend. (2) A ticket consignment agreement with all Louisiana travel agencies authorizing those agencies to sell Louisiana residents tickets to Astropark's facilities. (3) The conducting of a three-day seminar in New Orleans in December 1982 by the Astropark Marketing Department, aimed, inter alia, at developing business from Louisiana for the Houston operation. (4) The appointment of a sales representative with Louisiana as her area of responsibility. To these active steps by Astropark, Pedelahore adds the results of the efforts. During the years 1981, 1982 and 1983, Louisiana accounted for 10.3%, 9.7%, and 8.0%, respectively, of the total patronage at the amusement park. Only one state, Texas, accounted for more patrons.Docsity.com
specific jurisdiction