Rule under rule 37b a crt can order personal jur as a

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Rule: Under rule 37(b) a crt can order personal jur as a sanction for failure to comply w/ a discovery order. 2. Carnival Cruise Lines: does a forum selection clause in a ticket create a crts jurisdiction for potential suits 1. Rule: While it may create an adhesion K, ncluding a reasonable forum clause in a form contract is permissible, thus a clause on ticket declaring that any claims must be brought in Fla held as valid 3. Capri v. Microsoft: If a forum selection clause is clear and easily understood, can it be used by a crt to establish IPJ? 1. If a forum selection clause is clear and presented to party to be bound in fair and forthright fashion, no consumer fraud policies or principles are violated. 9. General Jurisdiction and Specific jurisdiction 1. Columbia v. Hall: what level of contacts must exist in order to create general jurisdiction, such that a COA need not arise from the specific contact in the suit 1. Rule: In order to exercise General PJ, contacts w/ forum must be systematic and continuous, and a unilateral activity such as buying equipment doesn’t meet that threshold 2. Robertson CECO v. Met Life : Is a continuous presence w/in a forum enough to establish jurisdiction based on an action w/ no relationship to that forum? 1. Rule: While a court may assert personal jurisdiction so long as "it is reasonable under the circumstances of the particular case,” general jurisdiction should not be recognized where the particulars of the action make it unreasonable to do so. 3. Burger King v. Rudzewicz: Under what standard is specific jurisdiction analyzed w/ regard to minimum contacts to judge if a party can be subject to PJ? 1. Rule: Based upon a standard of reasonableness, where circumstances establish a continuing relationship w/ a forum, and indicate there’s fair notice not that a non-resident might be haled w/in forum, the assertion of IPJ over the non-resident, if otherwise fair, doesn’t offend DP 4. Calder v. Jones: In an intentional tort, what test establishes jurisdiction over an out of state party? 1. Rule: Where one state is focus of both act and harm suffered, jurisdiction over in an intentional tort (here defamation) suit is proper in that same state based on the "effects" of their conduct in that state even though the conduct occurs in another state. 10. Further refinement w/ regard to Stream of Commerce and Reasonableness 1. Asahi v. Cheng Shin: Are minimum contacts sufficient to sustain jurisdiction satisfied by placing a product into the stream of commerce that is merely coupled w/ an awareness that that the product may reach the forum state? 1. Rule: Minimum contacts not satisfied by a foreign supplier simply placing a product into the stream of commerce, even if there is awareness it might reach the forum 11.
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