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Taking ?s on PERSONAL JURISDICTION

...
Sienna doobsian azn university
  09/30/16
what is the deal with PERSONAL JURISDICTION?
Chartreuse toilet seat
  09/30/16
Fraudpies created by the SCOTUS to justify their $alaries
Sienna doobsian azn university
  10/01/16
cq
Swashbuckling Misunderstood Community Account
  10/03/16
Should registering to do business in a state and appointing ...
Razzle-dazzle Ruddy Quadroon
  09/30/16
Uh yeah nigger. If ur agent gets served that's fucking perso...
dashing spruce garrison
  09/30/16
I don't think it's enough to have an agent served with proce...
Sienna doobsian azn university
  10/01/16
What's an exceptional circumstance such that an out of state...
Apoplectic Chapel
  09/30/16
It's accepted that a company is at home in the state in whic...
Sienna doobsian azn university
  10/01/16
A lawyer, in anticipation of litigation not yet commenced, i...
Big Crackhouse Organic Girlfriend
  09/30/16
...
dashing spruce garrison
  09/30/16
tcqp
Submissive light school cafeteria nowag
  09/30/16
lol
saffron preventive strike
  10/01/16
(Morpheus)
Cerebral native juggernaut
  10/01/16
No. I have no contacts with the forum state so it can't ...
Sienna doobsian azn university
  10/01/16
are you a real 1L?
saffron preventive strike
  10/01/16
yeah :(
Sienna doobsian azn university
  10/01/16
become a prosecutor or something cool dont do oci
saffron preventive strike
  10/01/16
1L where?
Chartreuse toilet seat
  10/02/16
180. i've been a 1L for 8-10 years and it kicks ass
pearly resort
  10/02/16
just do fake your death -> form new identity -> attend...
talented snowy lodge philosopher-king
  10/03/16
...
saffron preventive strike
  10/02/16
Is international shoe nigger?
house-broken roommate step-uncle's house
  09/30/16
no, but it is a judicial overreach that offends our traditio...
Sienna doobsian azn university
  10/01/16
http://xoxohth.com/thread.php?thread_id=3368197&mc=5&...
massive boyish friendly grandma famous landscape painting
  09/30/16
Did SCOTUS correctly decide Daimler?
Abnormal toaster
  09/30/16
NO! It will make class actions impossible to litigate outsid...
Sienna doobsian azn university
  10/01/16
Assume an LLP or PC has no contacts with a state. A partner ...
passionate hairy legs
  10/01/16
idk fuuuuck
Sienna doobsian azn university
  10/01/16
How'd I do guys?
Sienna doobsian azn university
  10/03/16
FYI - I was actually researching the question I asked you. I...
passionate hairy legs
  10/03/16
Werddd
Sienna doobsian azn university
  10/03/16
This thread is Eriely familiar.
cobalt rigpig orchestra pit
  10/03/16


Poast new message in this thread



Reply Favorite

Date: September 30th, 2016 6:02 PM
Author: Sienna doobsian azn university



(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31530629)



Reply Favorite

Date: September 30th, 2016 6:14 PM
Author: Chartreuse toilet seat

what is the deal with PERSONAL JURISDICTION?

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31530704)



Reply Favorite

Date: October 1st, 2016 10:14 AM
Author: Sienna doobsian azn university

Fraudpies created by the SCOTUS to justify their $alaries

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31534406)



Reply Favorite

Date: October 3rd, 2016 1:30 PM
Author: Swashbuckling Misunderstood Community Account

cq

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31547334)



Reply Favorite

Date: September 30th, 2016 6:34 PM
Author: Razzle-dazzle Ruddy Quadroon

Should registering to do business in a state and appointing an agent for service of process be viewed as consenting to general jurisdiction in that state?

Does your answer change if state law expressly says registration equals consent?

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31530831)



Reply Favorite

Date: September 30th, 2016 6:42 PM
Author: dashing spruce garrison

Uh yeah nigger. If ur agent gets served that's fucking personal jsdx right there

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31530879)



Reply Favorite

Date: October 1st, 2016 10:13 AM
Author: Sienna doobsian azn university

I don't think it's enough to have an agent served with process in the state. Company must be "effectively at home" in forum state for forum state to have general jurisdiction.

I think specific jurisdiction is obtained when the cause of action occurred in, or arose out of contacts in, the state.

Say a tire company headquartered in state A, with Principal place of business in state B, makes faulty tire in state C that causes an accident in state D. Tire company can be sued in states A-D, but I don't think it can be sued in state E, even if it has a small regional factory there.

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31534401)



Reply Favorite

Date: September 30th, 2016 6:41 PM
Author: Apoplectic Chapel

What's an exceptional circumstance such that an out of state company is considered at home in the forum state?

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31530872)



Reply Favorite

Date: October 1st, 2016 9:38 AM
Author: Sienna doobsian azn university

It's accepted that a company is at home in the state in which it's headquartered and in the state in which it has its principal place of business, defined by SCOTUS as the company's "nerve center."

While SCOTUS used to speculate that contacts with a state could be so substantial and systematic that the company was effectively at home in that state, this is up in the air after Daimler v Bauman, which could be read to grant general jurisdiction only in the HQ and PPB states.

If you were to argue general jurisdiction in a particular forum state not the HQ or PPB, it would have to be a state in which the company regularly engages in a large percentage of its business. Maybe a company does 60% of its business in a state despite it not being the HQ or PPB.

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31534271)



Reply Favorite

Date: September 30th, 2016 6:46 PM
Author: Big Crackhouse Organic Girlfriend

A lawyer, in anticipation of litigation not yet commenced, injects you, the prospective defendant, with a parasitic organism. The injection occurs in the jurisdiction wherein the eventual injury arises (a breach of contract for the production of a cobalt-lined fabric sample case). Litigation dawns; a second jurisdiction. You do not reside in this jurisdiction where the suit has been filed; you do not do business in this jurisdiction; and neither you nor your representatives have appeared before the regional magistrate to plead your case. However, during a preliminary hearing, at the press of a button, the lawyer activates the dormant organism now living within your right upper thigh. Springing to live, it weaves its tendrils through your nervous system and anus and creates a live broadcast link such that you are now able to see, hear, and communicate with the active proceedings in the court. It secretes a small neurogel into your mandibular ridge and you begin to speak for the pleasure of the court: "Defendant [A], present and accounted for." So, here you are. Does personal jurisdiction obtain?

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31530905)



Reply Favorite

Date: September 30th, 2016 7:32 PM
Author: dashing spruce garrison



(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31531233)



Reply Favorite

Date: September 30th, 2016 8:39 PM
Author: Submissive light school cafeteria nowag

tcqp

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31531733)



Reply Favorite

Date: October 1st, 2016 9:51 AM
Author: saffron preventive strike

lol

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31534317)



Reply Favorite

Date: October 1st, 2016 9:59 AM
Author: Cerebral native juggernaut

(Morpheus)

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31534350)



Reply Favorite

Date: October 1st, 2016 10:00 AM
Author: Sienna doobsian azn university

No.

I have no contacts with the forum state so it can't be said that I'm at home in the state.

So if the court does have personal jurisdiction over me, it must be through specific or in personam jurisdiction.

The court cannot have specific jurisdiction because the cause of action did not arise out of my minimum contacts with the forum state.

So the only way the court could have jurisdiction over me is through in personam jurisdiction.

Assuming that my appearing through live broadcast link is per se sufficient for court to establish in personam jurisdiction, the court may still not be able to exercise jurisdiction because of the manner in which it's been obtained. My presence in the court, having been obtained through the machinations of the opposing lawyer, is not sufficient to establish personal jurisdiction. See [court case I don't want to cite bc of school stuff]

But the more interesting question is whether appearing through live broadcast link is per se sufficient for court to establish in personam jurisdiction. I think it is.

SCOTUS has ruled that the establishment of jurisdiction by states must conform "traditional notions of fair play and due process," ideas fleshed out by International Shoe and its progeny.

While in personam jurisdiction is itself constitutional, SCOTUS has split on the reason why. The right wing of the court has said that in personam jurisdiction is the traditional bar which other forms of personal jurisdiction must meet. The left wing of the court has said that all forms of personal jurisdiction must meet an evolving standard of fairness and justice.

Both approaches would agree that appearing before a court is sufficient for establishing in personam jurisdiction. As I am defending myself in court and availing myself of the laws of the forum state, it seems neither unjust nor unfair to subject me to the forum state's laws. If not for the fact that I am not acting of my own free will, I would be subject to the court's jurisdiction.



(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31534351)



Reply Favorite

Date: October 1st, 2016 10:02 AM
Author: saffron preventive strike

are you a real 1L?

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31534357)



Reply Favorite

Date: October 1st, 2016 10:03 AM
Author: Sienna doobsian azn university

yeah :(

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31534366)



Reply Favorite

Date: October 1st, 2016 10:05 AM
Author: saffron preventive strike

become a prosecutor or something cool dont do oci

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31534373)



Reply Favorite

Date: October 2nd, 2016 2:59 PM
Author: Chartreuse toilet seat

1L where?

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31541712)



Reply Favorite

Date: October 2nd, 2016 3:04 PM
Author: pearly resort

180. i've been a 1L for 8-10 years and it kicks ass

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31541736)



Reply Favorite

Date: October 3rd, 2016 1:28 PM
Author: talented snowy lodge philosopher-king

just do fake your death -> form new identity -> attend 1L year -> repeat

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31547317)



Reply Favorite

Date: October 2nd, 2016 2:48 PM
Author: saffron preventive strike



(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31541647)



Reply Favorite

Date: September 30th, 2016 7:30 PM
Author: house-broken roommate step-uncle's house

Is international shoe nigger?

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31531217)



Reply Favorite

Date: October 1st, 2016 10:01 AM
Author: Sienna doobsian azn university

no, but it is a judicial overreach that offends our traditional notions of federalism.

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31534355)



Reply Favorite

Date: September 30th, 2016 7:34 PM
Author: massive boyish friendly grandma famous landscape painting

http://xoxohth.com/thread.php?thread_id=3368197&mc=5&forum_id=2

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31531250)



Reply Favorite

Date: September 30th, 2016 8:37 PM
Author: Abnormal toaster

Did SCOTUS correctly decide Daimler?

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31531720)



Reply Favorite

Date: October 1st, 2016 10:03 AM
Author: Sienna doobsian azn university

NO! It will make class actions impossible to litigate outside of companies' headquarter and principal place of business states.

This will be a decisive advantage for companies and will leave the masses without justice.

(lib prof)

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31534363)



Reply Favorite

Date: October 1st, 2016 9:58 AM
Author: passionate hairy legs

Assume an LLP or PC has no contacts with a state. A partner in the LLP or member of the PC is served with process while in the aforementioned state for a suit naming his LLP or PC as a defendant. Does the court have personal jurisdiction over the LLP or PC.

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31534349)



Reply Favorite

Date: October 1st, 2016 10:05 AM
Author: Sienna doobsian azn university

idk fuuuuck

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31534376)



Reply Favorite

Date: October 3rd, 2016 1:22 PM
Author: Sienna doobsian azn university

How'd I do guys?

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31547265)



Reply Favorite

Date: October 3rd, 2016 1:25 PM
Author: passionate hairy legs

FYI - I was actually researching the question I asked you. I found the answer this morning.

Service on a partner effects service on the partnership, and if a partner happens to be served with process in a particular state, that is sufficient to confer court's in that state with personal jurisdiction.

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31547287)



Reply Favorite

Date: October 3rd, 2016 1:26 PM
Author: Sienna doobsian azn university

Werddd

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31547298)



Reply Favorite

Date: October 3rd, 2016 1:30 PM
Author: cobalt rigpig orchestra pit

This thread is Eriely familiar.

(http://www.autoadmit.com/thread.php?thread_id=3369621&forum_id=2#31547332)