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Understanding Personal Jurisdiction in US Law: Rem and Quasi In Rem Jurisdiction, Slides of Civil procedure

Aliah UniversityCivil procedure

An overview of in rem and quasi in rem jurisdiction in us law. Learn about the historical background, the differences between the two, and their implications for personal jurisdiction over property and persons. Topics include the pennoyer case, sovereignty concerns, in rem actions, quasi in rem actions, and their relation to claims. Examples of in rem and quasi in rem actions are also provided.

Typology: Slides

2012/2013

Uploaded on 01/26/2013

radheshyam
radheshyam 🇮🇳

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A BIT OF HISTORY
•Remember that the Pennoyer case established
a strict, formalistic rule of physical presence
within the forum before the forum could
exercise personal jurisdiction over a
defendant.
•If the defendant was non-resident, there was
personal jurisdiction over him if he could be
personally served in the state (or, as an
exception, if he consented)
•In rem jurisdiction: another choice
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Download Understanding Personal Jurisdiction in US Law: Rem and Quasi In Rem Jurisdiction and more Slides Civil procedure in PDF only on Docsity!

A BIT OF HISTORY

  • Remember that the Pennoyer case established a strict, formalistic rule of physical presence within the forum before the forum could exercise personal jurisdiction over a defendant.
  • If the defendant was non-resident, there was personal jurisdiction over him if he could be personally served in the state (or, as an exception, if he consented)
  • In rem jurisdiction: another choice

IN REM JURISDICTION

  • What is in rem jurisdiction?

SOVEREIGNTY CONCERNS

  • Under Pennoyer, states only had power to exercise jurisdiction in rem over property located within their borders.

IN REM ACTIONS ARE BROUGHT AGAINST

PROPERTY

  • Where action requires the court in the forum state to determine the status of, interests in, or title to property itself.
  • If the property has been attached and thus subjected to the control of the forum, due process doesn’t obligate the court to identify and notify everyone whose interest might be affected by its judgment.
  • In rem judgments are effective against all the world

QUASI IN REM ACTIONS

  • What’s a quasi in rem action?

QUASI IN REM ACTIONS

  • What’s a quasi in rem action? A quasi in rem action is brought against persons, not property.
  • 2 kinds:
    1. Where P seeks to secure a preexisting claim in the property and extinguish other claims in the property (like setting aside a fraudulent conveyance, suit for specific performance of real estate contract)

Relation of Property to Claim

  • In Pennoyer the Court did not require that the property that was seized was related to the P’s claim.
  • However, the P could not recover more than the value of the property in an action where there was in rem jurisdiction against the Defendant.

DEFENDANT: SOPHIE’S CHOICE?

  • Once property has been attached as a jurisdictional vehicle,D must choose between
    1. General appearance
    1. Default judgment and sacrifice of property

PLAINTIFF: DISADVANTAGES OF

QUASI IN REM

  • Amount of recovery is limited to value of property
  • Limited res judicata effect - P can bring another claim on same personal claim in the same forum by attaching different property and suing for the difference between amount owed by D and received in first action

PENNOYER, IN REM, AND FAIRNESS

  • Quasi in rem jurisdiction, according tot he Pennoyer Court, was not based on fairness or the D’s contacts with the forum but just the presence of the D’s property with the forum.

Seider v. Roth

  • 2 NY residents that suffered injury in a car accident in VT.
  • NY Court of Appeals (highest state court) found quasi in rem jurisdiction over Canadian D by attaching auto liability insurance policy issued in Canada by a NY insurer.
  • Constitutionality of this procedure was questioned.

Shaffer v. Heitner

  • What is a shareholder derivative action?
  • What was the supposed basis for quasi in rem jurisdiction here?
  • Does the US Supreme Court find quasi in rem jurisdiciton is constitutional?