Hanson v. Denckla

Hanson v. Denckla - a nonresident defendant cannot satisfy...

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Civil Procedure 9/18 Modern Constitutional Formulation of Power Hanson v. Denckla, U.S. Supreme Court, 1958 Facts : Mrs. Donner lived in Pennsylvania and established a trust in Delaware. She died in Florida. Procedure: Issue : whether Florida could acquire jurisdiction over a Delaware trustee. Holding : Florida has no jurisdiction over the trustee. Rule : However minimal the burden of defending in a foreign tribunal, a defendant may not be called upon to do so unless he has had the “minimal contacts” with that State that are prerequisite to its exercise of power over him. Hoffheimer Notes : *No minimum contacts. The unilateral activity of those who claim some relationship with
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Unformatted text preview: a nonresident defendant cannot satisfy the requirement of contact with the forum State. It is essential in each case that there be some act by which defendant purposefully avails itself of the privilege of conducting activities within the forum state, thus invoking the benefits and protections of its laws. How is this case different than McGee? In McGee, the insurance company mailed a contract to California from Texas. In this case, the trust didn’t mail anything to Florida. Thus, this case is consistent with McGee and International Shoe....
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