Hurricane Katrina: Community Events, Volunteer Opportunities, and Legal Cases, Slides of Civil procedure

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Hurricane Katrina

Day of Prayer and Communion

• 8 p.m. , Campus-wide Prayer Vigil,

Columbus School of Law, Knights of

Columbus Courtyard

• 9 p.m. , Eucharistic Adoration, Caldwell

Chapel

Hurricane Katrina

Volunteers

If you are interested in volunteering to help the displaced veterans at the Armed Forces Retirement Home:

• please stop by the UCSPE office (Pryzbyla 204) and provide your name, contact information and the times you are able/willing to work on the sign-up sheet provided.
• Or you may send an e-mail with the same information to [email protected].
• You may also call 202-319-5291. Please indicate whether you have transportation and/or if you are certified to operate university vehicles.

ANOTHER HYPO

• Barbie (CA) and Ken (CA) are equal partners in a dressmaking business called “High Heels”. Skipper (N.Y.) orders 4 ball gowns from them. Barbie and Ken make the gowns and deliver them to Skipper along with an invoice for $90,000. After 18 months, Skipper has not paid Barbie and Ken a cent.

HYPO CONTINUED

• Barbie and Ken’s lawyer, Dawn, files an action in federal court, naming High Heels as plaintiff and claiming the amount of the $90,000 debt in damages. Barbie and Ken, as equal partners, each have an interest of $45,000 in the claim. Does the federal court have subject matter jurisdiction even if it is a state law claim?

BREAKDOWN OF

PENNOYER

• Pennoyer proved too confining as the

nation’s economy expanded and, in

particular, interstate trade grew

• Courts began to resort to legal fictions to

permit personal jurisdiction over non-

resident defendants who were not physically

present in the forum state, such as “implied

consent” or “constructive presence”

INTERNATIONAL SHOE Co.

v. WASHINGTON (1945)

• LEADING MODERN CASE ON PERSONAL

JURISDICTION

P. 568 CB

• “ But now that the capias ad respondendum has given way to personal service of summons or other form of notice, due process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend “traditional notions of fair play and substantial justice.”

Capias ad respondendum

GENERAL JURISDICTION

SPECIFIC JURISDICTION

International Shoe

Unrelated Claims

Related Claims

SINGLE ACT

Unrelated Claims

Related Claims

MID-RANGE

Unrelated Claims

Related Claims

CONTINUOUS

Chief Justice Stone's Formulation

Justice Black

• Dissent