Return to territorialism 1 burnham v superior crt of

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Return to territorialism: 1. Burnham v. Superior Crt of CA: May a party served w/in a state’s boundaries challenge PJ based on the fact that their presence was unrelated to the nature of the suit 3
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1. States have PJ over persons physically present in the state. Minimum contact theory est in Int’l Shoe is of no matter when is present in forum 12. New technology, old problems: 1. Pavolich v. Superior Crt: Can PJ be established based solely on a posting on a passive website? 1. Rule: Creating an Internet Web site, like placing a product into the stream of commerce, may be felt nationwide, or even worldwide, but, without more, it is not an act purposefully directed toward the forum state 2. Gator v. LL Bean : What level of activity can create PJ w/ regard to internet activity? 1. When combined w/ sales and targeted advertising, an e-retailer can have the requisite reasonable minimum contacts necessary to establish PJ w/in a forum 3. Venue 1. Venue or statutory limits on constitutionally permissible exercises of personal jurisdiction: 1. Section 1391, Venue restricts where the P can bring suit. 3 rules meant to protect ∆ from having to defend far away: ∆ domicile, substantial part, fallback 1. §1391(a): governs venue in diversity cases; authorizes venue in: (1) a judicial district where any ∆ resides, if all ∆s reside in same state 1. Majority: Domicile = Residence 2. Minority: a person may reside in more than 1 dist even though domiciled in only one for diversity purposes 2. 1391(a) (2) a judicial district in which a substantial part of the events occurred, or a substantial part of property that is the subject of the action is situated 1. Note: These provisions may authorize venue in several districts 3. 1391(a)(3) a judicial district in which any D is subject to PJ (presumably must be related to claim and not GJ) at the time the action is commenced, if there is no district in which the action may otherwise be brought 1. This is the “fallback” provision for both §1391(a) and (b) 2. Note: though a distinction has been made they may be applied the same way. PJ may be enough in §1391(b) as well. 4. §1391(b) governs all other cases. Authorizes venue in same way as (1) and (2) 1. 1391(b)(3) a judicial district in which any D may be found, if there is no district in which the action may otherwise be brought. 1. §1391(b)’s fallback provision 5. §1391(c): governs cases with corporate ∆s. All it does is define corporate “residence for purposes of applying §§1391(a)(1) and (b)(1). 1. Residence: any district in which the corp is subject to PJ 2. Venue or statutory limits on constitutionally permissible exercises of personal jurisdiction: 1. Bates v. C&S Adjusters: What standard is applied where the parties are not residents or claim a lack minimum contacts w/ a forum? 1. Rule: You can bring an action where a substantial part of the events occur 1.
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