CIVIL PROCEDURE
TOPIC
SUB-TOPIC
TYPE
CASE
FACTS
RULE or SIGNIFICANCE
Π
JURISDICTION
PERSONAL
In Personam
General
Pennoyer v. Neff U.S. (1877)
OR lawyer collected property from CA Δ
Basis 1: presence within the state (in personam)
Basis 2: property within the state (in rem) which must be attached to the lawsuit prior to the proceeding through constructive notice
Basis 3: notice by publication (constructive notice)
L
Hess v. Pawloski U.S. (1927)
PA driver hit a MA driver in that state
Basis 4: implied consent
J
International Shoe Co. v. WA
U.S. (1945)
WA wanted to collect social security
Sufficient Minimum Contacts: a non-resident may be sued in a state if it would not violate traditional notions of fair play by having “sufficient minimum contacts” with the forum state that are continuous and systematic (14th amendment!!!)
J
McGee v. International Life Insurance Co. U.S. (1957)
CA resident wanted ins. claim from TX Co.
One Contact: it is enough that a business has at least one contact, or a substantial connection there to be ‘minimum’
J
Hanson v. Denckla U.S. (1958)
FL woman’s trust fund was in DE
–A state does not acquire jurisdiction by being the most convenient center-of-gravity to a controversy
–The defendant must have some qualifying contact, not the plaintiff
L
Gray v. American Radiator
IL (1961)
IL woman sued OH Co. for faulty product
Long-arm statutes do not violate the Due Process Clause
J
Kulko v. Superior Court (1978)
NY husband sent his daughter to CA ex-wife
I
will be sued in the forum if they have entered a contract saying so
J
Ashai Metals Corp. v. Superior Ct. (1987)
Japan mfgr, 2 degrees removed, got sued in CA
II-A Purposeful direction: stream-of-commerce + purposeful direction into the forum state
II-B Upheld WWV
L
Specific
Perkins v. Benguet Consolidated Mining (1952)
Phillipino Co. was temporarily in OH
Home-states have General Jurisdiction, but it is not required
J
Helicopteros Nacionales v. Hall (1984)
Chopper accident in peru killed TX residents on job
Endorsed General / Specific jd difference
based on continuous and systematic contacts within a state
J
