LGST 219 - Class 10 Notes

LGST 219 - Class 10 Notes - Lecture 10 Jurisdiction power...

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Lecture 10 Jurisdiction power of court over the case/ defendant Jurisdiction geographical area where the court has power Hvide case [cont…] - does the NY court have jurisdiction over marine company? - Need to see a presence with permanence and continuity (interacting with business in NY does not mean that it is doing business there) o BUT, how much of a business presence is enough to prove a permanent and continuous presence? – one bank account?? - We have jurisdiction over sister subsidiary, SIMS, but do we have jurisdiction over marine company by extension? o If part of same corporate family, does that mean if one component does business in NY, the other is also subject to NY jurisdiction? o IMPORTANT: subsidiaries might be legally separate , but in integrated corporate families , they might operate as ONE ENTITY. In this case, the court can disregard the fact that they are legally separate . - Not enough evidence to prove that in this case, they were a tightly integrated corporate family o Even though they exchanged some information, employees could move around in the family, same employee handbook etc Beach case (linked to Hvide case) - Do we have common ownership? - Do we have financial dependence of subsidiaries on parent? - Is parent acting in disregard of formal separateness of subsidiaries? - Does parent tightly control subsidiaries? Hypo - Subsidiary in NY - Parent is overseas - In this case, does NY have jurisdiction over the parent? - Need to see how much control parent exercises over subsidiary - If subsidiary in fact operates as a department of parent, we can disregard the legal, formal separateness Goto case -Japan and Malaysia -Goto is Japanese -Malaysian Airlines has an office in Japan -Crash of a MA internal flight in Malaysia Goto is killed -QUESTION: does Japanese court have jurisdiction over MA? o If defendant has a legal nexus to Japan (MA Tokyo office) o Relation to Japan? (Japanese national killed) -This was considered use of aggression over defendant
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Brussels Convention (EU countries) - Europeans attempt to rule out use of exorbitant jurisdictional standards - Applied between 2 EU countries. When defendant is resident of one European country and is being sued in another European country can use Brussels Convention to sue against exorbitant jurisdictional standards . - Make a list of jurisdictional standards that are ‘bad’ o If you make a contract with a French citizen, you submit to the jurisdiction of the French court o Anything you own in that country makes you subject to the jurisdiction (not just about owning houses, but also leaving a suitcase!) o Tag jurisdiction (this is a common law standard) - Pg 1369: German case - Article 3 - A way to harmonize standards - Maybe one day we’ll be able to do this on an international level, at least for international cases Nationality of corporations - lack of international corporate law means no matter how global a business is, it has to
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LGST 219 - Class 10 Notes - Lecture 10 Jurisdiction power...

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