Based on those allegations, the plaintiffs asserted claims under the Alien Tort Statute and the Torture Victim Protection Act of , as well as under California and Argentina law. The plaintiffs asserted personal jurisdiction—and the San Francisco-based 9th U. The Supreme Court unanimously reversed. At the same time, the court has limited specific jurisdiction.
In Walden v. Fiore , the court held that specific jurisdiction exists based only on contacts the defendant creates with the forum state.
Fiore and Gipson explained that they were professional gamblers and the money was their stake and winnings. Anthony Walden, the DEA agent, seized the cash and advised Fiore and Gipson that their funds would be returned if they proved a legitimate source for the cash. Fiore and Gipson returned home to Nevada without their money. After eight months, their money was returned to them.
Civil Procedure on the Multistate Essay Exam: Highly Tested Topics and Tips - JD Advising
Fiore and Gipson sued Walden in federal court in Nevada. Walden moved to dismiss for lack of personal jurisdiction, but the 9th Circuit found that there was specific jurisdiction over him because it was foreseeable that the effects of his actions would be felt in Nevada, the place where Fiore and Gipson lived. There is no dispute that Bristol-Myers has extensive contacts with California: It markets and promotes its drugs in California and distributes them to pharmacies in California to fill prescriptions.
Until the recent changes in the law, this would be enough for systematic and continuous contacts and general jurisdiction. The parties and the lower courts agreed that there is not general jurisdiction. There also is no dispute that Bristol-Myers can be sued in California by those who reside there and took Plavix there. Lumen N.
Introduction to Personal Jurisdiction
Building upon this distinction, Benjamin Spencer, in his dual role as a preeminent procedural scholar and member of the Judicial Conference Advisory Committee on Civil Rules, argues that we should decouple federal and state court personal jurisdiction doctrine. You should give this short, but thought-provoking, essay a read not only because Spencer is one of the top proceduralists writing today, but because you could well be working with his revised Rule 4 k soon. Nothing in these Rules limits the personal jurisdiction of a district court.
In state court, one rightly focuses on contacts between the forum state and the defendant, as the forum state is the relevant sovereign. McIntyre Machinery v.
But it has failed to reach a holding on this issue. Spencer lays out several policy goals that his proposal would achieve.
His revised Rule 4 k eliminates the current state of affairs in which different federal district courts possess differing scopes of personal jurisdictional authority merely because they sit in different states. Eliminating this non-uniformity enhances efficiency, consistency, and predictability in civil litigation. His revised Rule 4 k ensures that a federal forum exists in every state for the adjudication of civil suits that have federal subject matter jurisdiction.
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His revised Rule 4 k avoids Rule 12 b 2 dismissals of prima facie valid claims, which otherwise have subject matter jurisdiction and proper venue in federal court, where the forum state takes a different approach to personal jurisdiction. Finally, this nationwide personal jurisdiction approach is easier to understand and apply than our current forum-state-linked analysis.
Spencer provides a forceful rebuttal to potential Erie -based concerns with his approach. He acknowledges that his revised Rule 4 k would create an outcome-determinative difference that could induce forum shopping among state and federal courts.https://saisiomemic.ml
Introduction to Personal Jurisdiction
Finally, Spencer contends that his proposed revisions do not require an Act of Congress. Relying upon his past work, Spencer argues that current Rule 4 k is ultra vires under the Rules Enabling Act. Then click here. The operation could not be completed.
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