PJ 2 Flashcards
BMS Facts
Joinder
BMS Rule
Specific only for arise out, even when third parties can bring similar claim
BMS Holdings
Sliding scale violates Due Process
BMS Reasoning
Anything else go back to general, also Walden
Effect of BMS
Proportionality for discovery now way smaller
What if BMS class action?
As long as no PJ issue over claims of named Ps, nationwide class action okay, absent. Ps not parties
Why BMS not class action
Don’t want removed to Fed court and destroyed under CAFA
Aggregation and PJ
Joinder now turns in part on PJ, here needs to be split up PJ over party for each specific claim not party in general
Shaffer rule
Property in state not enough for minimum contacts
Shaffer holding
Quasi violates due process Is for rem and in personam
Shaffer reasoning
Jdx over thing same as jdx over person interest in thing. Property can provide contacts but not here
What does DE long arm statute say now
Consent
Burnham rule
Tagging no due process violation
Scalia plurality burnham
Longstanding tradition so no IS test
Brennan plurality Burnham
Determine fairness via IS test (not replaced)
