Civ_Pro_Unknown1 - Who and where Rule 4. Notice...

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Who and where Rule 4. Notice Requirement: Notice reasonably calculated to reach potential party: Notice must be consistent with action taken by one actually trying to reach the party. Mullane, Int’l Shoe Effective Service: State long arm statutes state where service may be sent. Rule 4(k) has some restrictions. Personal Jurisdiction: Federal court has jurisdiction over same defendants the contiguous state court holds, except for specific federal questions. If one of those federal questions gives long arm personal jurisdiction, pendant personal jurisdiction will bind defendant for pendant claim. General: Court has jurisdiction over party in all cases Corporate: State of incorporation, principal place of business Person: State of residence Specific: Court has jurisdiction over party in specific case In Personam Consent Person: Contracting to be liable in state, even through contract of adhesion. Corporate: Contracting in state, registering with state licensing board Designation of agent in forum state. Presence: Person: Service while in the state for any reason, unless defrauded or coerced for specific purpose of serving process. Wyman v. Newhouse Corporate: Continuous & systematic business in state, exercising privilege of protection of forum state’s law. Int’l Shoe, Washington Equipment Minimum Contact Contact itself Act of defendant purposefully directed toward forum state. Hanson v. Denckla Examples: Intent to be in market evidenced through specific design or contractual relationship encouraging marketing, distribution or advice to forum’s consumers. Knowledge that product is sold in forum state is generally enough to satisfy the minimum Fair Play and Substantial Justice [Separate test under Burger King v. Rudzewicz ] May require jurisdiction where contacts are minimal, or [ Burger King ] Deny jurisdiction where defendant would not reasonably expect to be haled into court [ Asahi ] State Long arm may not reach as far as constitution allows. Marriage – states continue to have jurisdiction over people married in that state. [Equity never loses jurisdiction.] In Rem May only be used in actions related to the property (res.) Shaffer v. Heitner. Service on the property allows only recovery of the property itself. If no personal jurisdiction is found, §1631(?) allows transfer to court where jurisdiction is proper in the interests of justice at the discretion of the trial judge. Venue
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Civ_Pro_Unknown1 - Who and where Rule 4. Notice...

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