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Full-Text Articles in Civil Procedure
Bristol-Myers Squibb Co. V. Superior Court Of California, San Francisco County: An Exploration Of The "Arises Out Of" Prong In Personal Jurisdiction, Loden Walker
Mississippi College Law Review
The concept of personal jurisdiction in its modern context has existed since the early 1900s. In time, courts have vetted the idea that an individual, company, or legal entity may be brought under the jurisdiction of a state or federal court by reason of its particular contacts with the jurisdiction. In its creation, the Supreme Court of the United States added the requirement that the contact must "arise out of or relate to" the forum state. But dismally, the Court has provided very little on how to apply and operate the "arise out of" prong. As a result, both federal …
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
Touro Law Review
No abstract provided.
Of Carrots And Sticks: General Jurisdiction And Genuine Consent, Craig Sanders
Of Carrots And Sticks: General Jurisdiction And Genuine Consent, Craig Sanders
Northwestern University Law Review
The United States Supreme Court’s 2014 decision in Daimler AG v. Bauman changed how the courts will determine whether companies should be subject to general personal jurisdiction. In 1945, Pennoyer v. Neff’s geographical fixation gave way to International Shoe Co. v. Washington, which provided a test for courts to determine whether corporations had sufficient contact with a forum to meet the bar for personal jurisdiction there. Specific jurisdiction requires “minimum contacts,” provided the action is satisfactorily related to the forum. However, to be subject to general jurisdiction, a corporation must possess more than just “minimum contacts,” and claimants …