Boiler_Plate_CivPro - SERVICE The rule from Mullane v...

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SERVICE The rule from Mullane v. Central Hanover describes the minimum standard for notice. Due process demands that notice [be] reasonably calculated, under all circumstances, to apprise interested parties and afford them opportunity to present objections. Notice must reasonably convey required information, and must afford a reasonable time for interested. (certified mail is considered a reasonably calculated effort).__________ There is, however, a limit to this standard. As described in Jones v. Flower , when a state knows that service has failed to be received, that state must make a greater effort. Consistent w/ the rule established in Hess v. Pawloski, service upon an agent acting on one’s behalf is effective, and an implied consent to service is created by the use of public services w/in a forum LONG ARM STATUTE In order for PJ to be satisfied, due process must be met w/ regard to the state’s long arm jurisdiction requirements. FF&C demands that the state’s recognize each other’s LA statutes so long as the actions enumerated are described w/in the summons and they are covered under the forum/serving state’s LA statute. Under Rule 4(k)(1), a party is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located. Thus, Federal crts in diversity follow the LA statute of the state in which they sit. So it must be determined here if ___s LA statute covers this situation. If not, the action fails. In Grey v. American Radiator , Illinois’ LA included the term “tortuous conduct” which allowed the to be reached b/c a component of the ’s malfunctioned w/in the forum. The statute enumerated that “tortuous conduct” included not preventing a possible accident when there was a possibility it could be prevented. Thus a challenge to a LA will simply ask if the charged act was enumerated w/in ___s statute, and even if so, an argument challenging the service will assert that Constitutional demands of due process, as prescribed by the 14 th AMD, must still be met. BULGE Under Rule 4(k)(1)(B) Bulge jurisdiction authorizes service on a party w/in 100 miles of the federal courthouse where the action is pending, to include beyond that forum state’s borders IN REM and QUASI IN REM Actions in rem assume that the property itself is the object of the suit. ___________ Jurisdiction, however, cannot be founded on property w/in a state unless there are sufficient contacts consistent w/ Int’l Shoe. ( Shaffer v. Heitner ). ___________The standard for determining whether jurisdiction over the interests of persons is consistent with the Due Process Clause is minimum-contacts standard from Int’l Shoe, thus Int’l Shoe applies to property as well. PERS. JURISD. and MINIMUM CONTACTS
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This note was uploaded on 01/10/2011 for the course LAW Civ Pro taught by Professor Arkin during the Spring '10 term at Fordham.

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Boiler_Plate_CivPro - SERVICE The rule from Mullane v...

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