Civ Pro- Krakoff Spring 2006-Lane

Civ Pro- Krakoff Spring 2006-Lane - Where can the Defendant...

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Where can the Defendant be sued? (P/J: Which state?) I. Notice Reasonable under the circumstances - Mullane - cryptic add in newspaper when the bank normally mailed things to beneficiaries. Must use reasonable action to find: o Address available - mail to them - Dusenbery - prison mail case - mailing is a reasonable effort - don’t want to put burden of personal service on all Ps because D can always say they didn’t get it. (So use first class mail and get return receipt) o Address unavailable but easy to find - mail where notice reasonable o Unavailable and hard to find - make reasonable effort, not required to mail Other Methods: o Personal Service in state - Transient Jurisdiction - upheld in Burnham - divorced dad visiting kids served - questionable because we now pass through states a lot, but states could drop this type of jurisdiction if they wanted- Fed. R. Civ. P. 4 - personal service, waiver etc. o Publication - only available after a reasonable effort to find D and the court must agree. o Notice to some - might be reasonable because 1) Word will spread 2) Shared interest between those who get notice and those who do not. o Posting on the property - can be valid, unless there is evidence that postings on doors are torn down - Greene . o Email - only if other methods fail and D publicly said it preferred email for communicating. If D does not get notice, default judgments can be set aside for good cause. II. Personal Jurisdiction A. Analysis is generally the same in state or federal court. Fed. R. Civ. P. 4(k)(1)(A) - except 4(k)(1) (B) - 100 mile bulge for parties to be brought in as 3 rd party D under rule 14 or under compulsory joinder (Rule 19). B. Defendant - can make special appearance to dispute jurisdiction or make a motion for dismissal(12g) for lack of PK, which is waived if not raised, or make Rule 56 SJ Motion on PJ. C. Statutory basis for assertion of jurisdiction 1. Long-Arm Statute: If statute is like CA, then go straight to DP inquiry, If statute is narrower, do facts of case fit w/in statute? 2. Attachment statute ( in rem ): Still requires DP analysis. Shaffer - the stock cert was considered to be in the state of incorporation so it was attached. Then court did DP analysis (see below) D. Does assertion of J/D comport w/ DP? 1. Does D have min. contacts such that assertion of P/J in forum meets requirements of fair play & substantial justice? (Same analysis for in personam and in rem, Shaffer ) Specific Jurisdiction a. Minimum contacts: Purposeful availment? (voluntariness, predictability of being sued there, choice of law not determinative) International Shoe -Minimum Contacts Found - established the purposeful availment + fairness and reasonableness doctrine. Corporation that had sales people and sold shoes in Washington had established minimum contacts to be sued there on something arising from those contacts, and possibly enough for GJ.
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  • Spring '05
  • Krakoff

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