PJ 1 Flashcards
Basics of PJ
Power of court to bring, fairness to D, defense to Full Faith and Credir, first statute, if yes constitutional
R4 significance
District court look to state rules
Define in personam
Power to enter money judgment against D
Define in rem
Power to render judgment against property in territory
Define Quasi in rem
Property in territory gives cts power to enter money judgment against claim unrelated to property
L
Not subject to in personam unless..
What remains good law from Pennoyer
Served while D/agent in the forum/D domicile/ D consents to PJ
Pennoyer facts
Mitchell and Neff
Pennoyer Holding
No pj in og suit so Neff recovers the land
Pennoyer reasoning
5
Notes about Pennoyer
3
IS rule
Minimum contacts
IS holding
Sufficient minimum contacts
IS reasoning
4
Minimum contacts analysis
Availment and arise
SoC theory
Reasonably predict
Cases against P availment
Walden, Hanson
Brennan/Ginsburg SoC
Put into stream
Kennedy SoC
Brennan + show intent to serve State C, target
WWV SoC argument
Circular
Daimler SoC argument
General no
Traditional Notions of Fair Play Analysid
Burger King 5
Daimler fair play ruling
No reasonableness test in general
Asahi fair play analysis
Skip minimum contacts if fairenness clearly against
WWV Rule
Mere foreseeability not minimum contacts
WWV holding
No specific Jdx for NY distributors
WWV Reasoning
Every chattel agent of process
Why sue local distributors in WWV
Stay in state Ct
BK holding
Jdx upheld because D had minimum contacts and was fair
BK reasoning
Reached out, high burden bar
Kennedy Nicastro
Different from IS, targeted US but not NJ, no Jdx over unconsenting d
Sovereignty argument Kennedy nicastro
Bad
Ginsburg Nicastro
3
Ford rule
Arise out of OR relate to
Footnote Ford
5
Ford reasoning
4
Critique of Ford
Too big to fail purposeful availment
Goodyear Rule
At home, SoC no
Why foreign and litigate in CA
3
Daimler reasoning
5
Daimler concurrence
Asahi
BNSF rule
Significant assets not equal at home
General Trilogy notes
3