Hart - Civ Pro - Fall 2004 - Personal Jurisdiction - Outline

Hart - Civ Pro - Fall 2004 - Personal Jurisdiction -...

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General Jurisdiction : pg 82 Instances in which the continuous corporate operations within a state were thought so substantial and of such a nature as to justify a suit against it on causes of action arising from dealings entirely distinct from those activities. International Shoe suggest that there will always be a state in which suit may be brought on all claims. -For Corps – this will be state of incorporation or state that is PPB -For Individuals - Milliken v. Meyer pg 76 - Changed law regarding personal jurisdiction. This case held that a person could be subject to a state’s jurisdiction if they had a domicile in that state. Specific Jurisdiction : Instances in which jurisdiction exists for the specific claim in question but not necessarily for other claims. (E.g. driver of car resides in another state but strikes a pedestrian in MO during a vacation – Specific jurisdiction would allow pedestrian to sue driver in MO for a claim arising out of that accident.) Shaffer As a result – property is still relevant, it’s just that it can’t be used in cases like this….(?) Doctrine of Shaffer: -Applies to all personal jurisdiction cases. Minimum contact required for everything.
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  • Spring '05
  • Krakoff
  • Personal jurisdiction

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