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US Civil Law Jurisdiction: Helicopteros Nacionales de Colombia v. Hall & Carnival Cruise C, Slides of Civil procedure

Alagappa UniversityCivil procedure

An in-depth analysis of two landmark us supreme court cases, helicopteros nacionales de colombia v. Hall and carnival cruise lines, which dealt with the concepts of general and specific jurisdiction in civil law. The facts of each case, the court's rulings, and the implications for due process requirements. It also discusses the concept of forum selection clauses and their enforceability.

Typology: Slides

2012/2013

Uploaded on 01/26/2013

saginala
saginala 🇮🇳

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WRAP UP
•Burnham: despite Shaffer’s broad statement
“all assertions of state court jurisdiction” must
be assessed under International Shoe, 4-4 split
in Burnham as to whether presence in a
jurisdiction is a basis for jurisdiction
independent of International Shoe
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  • Burnham: despite Shaffer’s broad statement “all assertions of state court jurisdiction” must be assessed under International Shoe, 4-4 split in Burnham as to whether presence in a jurisdiction is a basis for jurisdiction independent of International Shoe

RESIDENCE, CONSENT

  • Supreme Court has never held that residence and consent are not sufficient in themselves for jurisdiction (without considering International Shoe ).

Supreme Court General Jurisdiction

Jurisprudence

  • S. Ct has only decided two cases based on general jurisdiction: Helicopteros (rejected it) and Perkins v. Benguet Consolidated Mining Co. (1952) (upheld it)

Helicopteros Nacionales de Colombia v. Hall

  • Facts and procedural history?

U.S. Supreme Court

  • Must determine whether the Texas state court had personal jurisdiction over Helicol

Helicol’s Contacts With Texas

  • Describe Helicol’s contacts with Texas
  • Were these enough for specific jurisdiction, according to the Supreme Court?

Supreme Court Only Rules on

General Jurisdiction

  • According to majority, specific jurisdiction was not argued by P
  • How does it rule on general jurisdiction?

Supreme Court Only Rules on

General Jurisdiction

  • Helicol lacked “the kind of continuous and systematic general business contacts with TX necessary to satisfy due process”
  • This seems to indicate a very high standard for general jurisdiction to be found.
  • Leaves a lot unsettled on general jurisdiction

The Shutes?

What is Continuous and Systematic

Contact with a Forum?

  • Service of process on a defendant in a forum Burnham
  • Domicile in a forum
  • Corporate incorporation in a forum
  • Principal place of business in a forum ( Perkins)
  • Not clear whether other regional or smaller offices will justify the exercise of general jurisdiction
  • Quantitative and qualitative assessment Docsity.com

Procedural History

  • Describe the procedural history of this action before the Supreme Court’s opinion.

Procedural History

  • Describe the procedural history of this action before the Supreme Court’s opinion.
  • Shutes file suit in W.D. WA
  • CCL moves for summary judgment on basis of forum selection clause/no p.j. (no minimum contacts)
  • District Court grants this motion, Court of Appeals for the Ninth Circuit reverses (minimum contacts with Washington due to solicitation of business in Washington)
  • U.S. Supreme Court grants certiorari.

Arguments that the Forum Selection Clause Unenforceable

  • What are the arguments in support of their contention that the forum selection clause is unenforceable that convinced the Ninth Circuit?
  • Did any of them convince Justice Blackmun, who wrote the Supreme Court’s majority opinion? If so, which arguments?

Justice Blackmun’s Reasoning

  • Blackkmun: some nonnegotiated forum-selection clauses can be enforceable
  • Cruise ships have special interest in limiting for a where they can be sued
  • Such a clause spares expense of pretrial motions to determine correct forum and conserving judicial resources
  • Passengers benefit in light of reduced fares that reflect savings cruise line enjoys by limiting forum where it can be sued.
  • Do you buy any of these?