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Articles 91 - 94 of 94
Full-Text Articles in Jurisdiction
Personal Jurisdiction And Choice Of Law, James Martin
Personal Jurisdiction And Choice Of Law, James Martin
Michigan Law Review
The time has come for the Supreme Court to declare that a state may not apply its own law to a case unless it has the "minimum contacts" required by International Shoe for the exercise of specific personal jurisdiction over the defendant. Although the present state of the law is less than certain, the Supreme Court has not yet required that a state show it has minimum contacts with a defendant before applying its law. As a result, in some cases where a state has obtained personal jurisdiction because of a defendant's contacts unrelated to the case - contacts such …
Federal Courts-Jurisdiciton-District Court Transfer Of Action Under Section 1406(A) Without Jurisdiction Over Person Of Defendant, J. Patrick Martin S.Ed.
Federal Courts-Jurisdiciton-District Court Transfer Of Action Under Section 1406(A) Without Jurisdiction Over Person Of Defendant, J. Patrick Martin S.Ed.
Michigan Law Review
In 1956 plaintiff corporation brought a private antitrust action against various persons and corporations in a federal district court in Pennsylvania. Service was made upon defendant corporations by means of alias summonses in New York where they were amenable to suit. Since defendant corporations were not inhabitants of, "found," or transacting business in Pennsylvania, venue was improper there and the extraterritorial service of- process provision of the Clayton Act was not available to plaintiff. Defendant corporations moved to dismiss for lack of in personam jurisdiction. Instead, however, the court, invoking section 1406(a) of the Judicial Code, transferred the action in …
The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington
The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington
Articles by Maurer Faculty
Professor Carrington examines the proposed amendment to the Federal Rules of Civil Procedure that would confer quasi in rem jurisdiction on the federal courts and concludes that it should be rejected. Arguing that the expansion of the concept of personal jurisdiction has removed most of what justification there once was for quasi in rem jurisdiction, the author maintains that the latter jurisdiction often provides only limited and uncertain judgments for local plaintiffs while compelling nonresident defendants to litigate in an inconvenient forum, and herefore should not be made available in the federal courts merely to bring their practice into conformity …
Conflict Of Laws -- 1956 Tennessee Survey, John W. Wade
Conflict Of Laws -- 1956 Tennessee Survey, John W. Wade
Vanderbilt Law Review
Personal Jurisdiction: In State v. Perry, the Tennessee Department of Public Welfare, which had paid sums for the support of dependents of certain nonresidents, brought an action against the nonresidents for reimbursement and for an order to pay money in the future. No personal service was had on the defendants, and the court held that the Tennessee statute does not authorize the court "to enter a personal judgment against a non-resident husband-father upon the ex parte petition, when that husband-father is not personally before the Court, and afforded no opportunity to be heard.' It correctly implied that such a proceeding …