CivProNotes91510 - CivProNotes91510 I Expanding on Intl...

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CivProNotes91510 I. Expanding on Int’l Shoe McGee v. International Ins. Co , a TX insurer found to have had sufficient contact w/ CA based on a single insurance policy that was solicited . Company purposely availed itself when it solicited business in (“ reached into ”) CA McGee : expansive interpretation for policy reasons and redefine min contacts and create the spectrum Crts require purposeful availment which emphasizes must have made deliberate choice to relate to state in some meaningful way before ∆ can be made to bear burden of defending there Hansen v Denckla : Strengthens “Purpose Availment” for benefit of conducting activities w/in forum state, thus invoking benefits/protections of its laws.” found not to have done so here b/c didn’t reach into FL from DE (unlike McGee), so no min contacts no PJ Single/unilateral act by ∆ not enough Bad example of purposeful availment : Kulko – father in NJ sending kids to CA to rearrange custody not enough to support purposeful availment to CA law… foreseeable effects not enough, still need purposeful availment Notice and requirements thereof N OTICE R EQUIREMENTS AND S ERVICE OF P ROCESS In addition to PJ, due process also requires we give notice and opportunity to be heard – notice is given through service of process Service of Process governed by Fed R Civ P 4 Service consists of giving copy of summons and complaint Service can be done by: any non-party over 18 y.o. - R 4(c)(2) Process can be served on an individual by any method allowed by state as well as in 3 ways R 4(e) Personal service Substituted service: only at s dwelling to someone of suitable age/discretion who also lives there (not an 11 y.o. being foreclosure papers) Service on s agent: agent can be appointed by law, by K, etc Serving process on corporations: If w/in the US, same as serving individuals – R 4(h)(1) If outside US, R 4(h)(2) Service can be waived by - R 4(d) gives many incentives for to waive Note: if someone doesn’t’ waive and wants to contest sufficiency of service, can do so under R 12(b) (5) Personal service of written notice w/in the jurisdiction always ok , but sometimes other types are ok when personal service impractical Refining the requirements of acceptable service:
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CivProNotes91510 - CivProNotes91510 I Expanding on Intl...

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