CivProNotes92010

CivProNotes92010 - CivProNotes92010 Shaffer v. Heitner In...

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CivProNotes92010 Shaffer v. Heitner In order to justify an exercise of jurisdiction in rem, the basis for jurisdiction must be sufficient to justify exercising jurisdiction over the interests of persons in a thing. The standard for determining whether an exercise of jurisdiction over the interests of persons is consistent with the Due Process Clause is the minimum-contacts standard elucidated in International Shoe. o In rem Cases: Shaffer v. Heitner Court in Delaware used stock “located” in state to compel D to appear. quasi in rem = property located in forum is no longer enough to meet minimum contacts, must fulfill requirement separately. The court links in rem with in personam by arguing it involves a person’s interest in property (so must establish minimum contacts) Π made use of DE sequestration statute Property itself, hwvr, doesn’t establish that min contact is there What @ consent? They incorporated in DE. Due Process is what rules. Property was sequestered in an attempt to make them appear and the stock wasn’t the subject of the action DP: all the procedures and traditions of an ordered liberty Marshall: Int’l Shoe is the rule bcse times have changed (property is amorphous) In Rem remains (closing of estates, admiralty libels, forfeitures, quieting title In Nature still exists (If suit is about the property, it can be attached) Kulko: simply allowing the kids to be happy doesn’t create min contacts: It’s not a commercial transaction WWVW: The foreseeability critical to due process analysis is not the mere likelihood that a product will
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CivProNotes92010 - CivProNotes92010 Shaffer v. Heitner In...

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