PJ 2 Flashcards

1
Q

BMS Facts

A

Joinder

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2
Q

BMS Rule

A

Specific only for arise out, even when third parties can bring similar claim

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3
Q

BMS Holdings

A

Sliding scale violates Due Process

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4
Q

BMS Reasoning

A

Anything else go back to general, also Walden

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5
Q

Effect of BMS

A

Proportionality for discovery now way smaller

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6
Q

What if BMS class action?

A

As long as no PJ issue over claims of named Ps, nationwide class action okay, absent. Ps not parties

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7
Q

Why BMS not class action

A

Don’t want removed to Fed court and destroyed under CAFA

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8
Q

Aggregation and PJ

A

Joinder now turns in part on PJ, here needs to be split up PJ over party for each specific claim not party in general

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9
Q

Shaffer rule

A

Property in state not enough for minimum contacts

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10
Q

Shaffer holding

A

Quasi violates due process Is for rem and in personam

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11
Q

Shaffer reasoning

A

Jdx over thing same as jdx over person interest in thing. Property can provide contacts but not here

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12
Q

What does DE long arm statute say now

A

Consent

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13
Q

Burnham rule

A

Tagging no due process violation

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14
Q

Scalia plurality burnham

A

Longstanding tradition so no IS test

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15
Q

Brennan plurality Burnham

A

Determine fairness via IS test (not replaced)

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16
Q

Carnival rule

A

Parties may consent to forum via selection clause regardless of whether or not negotiated because not fundamentally unfair

17
Q

Carnival Reasoning

A

4

18
Q

Mallory rule

A

States can require consent, no IS test

19
Q

Mallory reasoning

A

Penn Fire

20
Q

What if Mallory stayed in penn

A

Ford analysis likely

21
Q

Mallory critique

A

Daimler moot