Agenda for Class 22: Personal Jurisdiction and Jurisdictional Thresholds, Slides of Civil procedure

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Agenda for 22nd Class

• Name plates out
• Personal Jurisdiction:
  • Burger King
  • Internet

Next Class

• 28 USC 1391, 1404, 1406

• Yeazell 174-
• Questions to think about / Writing Assignment
  • Pp. 175ff. Qs 1-4 (ignore the reference to 28 USC 1392)
  • Briefly Summarize Dee-K Enterprises
  • P. 176 Q5; pp. 178ff Q1a, 2
  • Briefly summarize Piper Aircraft
    • In your summary, please incorporate answers to pp. 186ff Qs1, 4,
  • Suppose a chemical plant in India owned by an American company leaks gas into the surrounding neighborhood and kills 16,000 people and injures half a million. The victims sue in US court. Defendants move for dismissal on the basis of forum non conveniens. The plaintiffs argue that dismissal is inappropriate, because Indian courts require a filing fee equal to 5% of damages claimed, which in this case could be billions of dollars. There are long delays in Indian courts. Indian courts have very few tort precedents and none relevant to mass torts. Discovery is usually very narrow, if allowed at all. Should the court grant the forum non conveniens motion? If it does, are there any conditions it should attach? Docsity.com

Questions on Burnham

• Do you think jurisdiction based on presence makes sense? Should it be

constitutional?

• How far would you extend jurisdiction based on presence? In answering that question, consider: - Pp. 145ff Q 3 - Grace v. MacArthur , summarized on slide 5 of Class 17 handout
• Given that Burnham is now established law, how do you think courts should

resolve the cases described in

• Pp. 145ff Q 3 Grace v. MacArthur , summarized on slide 5 of Class 17 handout

Questions on Burger King & Internet

• Briefly summarize Burger King
• Yeazell pp. 117ff. Q1, 2
• Suppose you buy Duck Boots mail order from

LLBean and pay with a check. They send you

the boots, but your check bounces. LLBean

sues you in Maine, where it is headquartered.

Does the Maine court have jurisdiction over

you?

• Handout Problems 2-18 to 2-