Federal Jurisdiction & Procedure.docx

2 domicile where is domiciled in the forum state

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2. Domicile : where ∆ is domiciled in the forum state (presence + intent to remain permanently); a) SCOTUS has upheld federal court subpoena power over US citizens domiciled abroad. 3. Consent : where ∆ consents to jurisdiction (express, implied or voluntarily by making appearance; e.g., advance express consent or appoint agent for service by K (state can require nonresident corporations to appoint before doing biz), implied consent of out-of-state driver causing damage in-state; some states allow “special appearance” to object to exercise of jx); and 4. Long-arm statute : where ∆ has committed acts bringing him within forum state’s long-arm statutes. a) causes injury/damage in state, or c/a arises out of the transaction of business in the state, or when c/a arises from nonresident’s ownership of property within state (LA IM property). b) Unlimited long-arm statutes: provide IPJ within limits of Art. III (LA has this as a fall-back) c) Limited or specific long-arm statutes : specify situations in which courts can exercise IPJ. Note – LA can exercise IPJ over nonresident for activities “causing injury or damage in LA by an offense or quasi-offense committed through act or omission outside LA if: potential TF (1) regularly does/solicits business; (2) engages in any other persistent course of conduct; or (3) derives revenue from goods used or consumed or services rendered in LA. d) LA LPLA – long-arm allows IPJ over party who manufactures “a product or component thereof which causes damage or injury in LA, if at the time of placing the product into the stream of commerce , manufacturer could have foreseen , realized, expected or anticipated that product may eventually be found in this state by reason of its nature or mft. marketing. b. Constitutional Limitations on in personam jurisdiction (PJ) ** – outer limits (state need not exercise full Const. limit); once determine that statutory authorization exists – determine constitutionality of the exercise of IPJ. i. Due Process Clause – 2 restrictions : (1) requires that sufficient minimum contacts exist between the ∆ and the forum such that maintenance of the suit against the ∆ does not offend TNFPSJ (i.e. exercise of jx is fair and reasonable); (2) ∆ must be given appropriate notice and opportunity to be heard . ii. Sufficient contacts with the forum : 1. Traditional rule – state’s physical power to carry out judgment (power to arrest and force compliance). 2. Modern DP standard – contact and fairness: International Shoe extended concept and requires sufficient minimum contacts (purposeful availment and foreseeability) and TNFPSJ see below. iii. General Jurisdiction : To establish general jurisdiction, the ∆ must have minimum contacts that are both continuous and systematic and not merely casual and isolated. The Fifth Circuit requires that such minimum contacts must be substantial .
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1. Note : cause of action does not have to arise out of such contacts (does help though) 2. E.g., where is a person who resides in the form state, or is a corp. that is incorporated in the forum
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  • Spring '14
  • CatherineLacroix
  • Common Law, Supreme Court of the United States, federal court, SMJ

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