Cases A
Mas v. Perry
Creep in Louisiana, spying on two students. Based on Diversity
Double pronged test came from it
Presence in a state and (physical)
Intent to remain (Mental)
American Well-Works
Suit arises under some federal law that creates the cause of action
Federal statute says you can sue
Newspaper Company in Florida writes bad story about a celebrity in California. Did they have minimum contacts?
Calder
A domiciliary an always be sued in the home where they are from.
Milliken
Jones v. Flowers
Guy is getting his house taken. Mail never reaches him but they take his house anyway.
Hertz v. Friend
plaintiffs filed a class action suit against their employer alleging that the rental car company had failed to conform to California’s wage and hour laws. Couldn't decide whether or not Hertz was in California.
Nerve Center Test is now proper
Merril Dow
Drug company negligence
Raised a state claim, Fed laws do not create COA
Balancing Factors
Whether P are members of the class for whose benefit the statute was passed
Whether there is evidence of a congressional purpose to provide a private right of action
Fed COA would further the purpose of the legislature Scheme
State Coa is subject to traditional regulation by state law
Guy wants to start a fast food chain in Michigan. Goes to Florida to get the funds and a contract.
Framework for In personam
Burger King
Ferens v. deere
Guy misses statute of limitations in one state, moves to another, gets them to transfer back
WWVW
Stream of Commerce Car crash in oklahoma, guy's family gets burned and they try to sue where the injury happened.
BONUS:
how do you determine domicile for LLC's, Labor Unions and unincorporated businesses
Domicile of every single person.
Gunn v. Minton
lawyer gets sued for malpractice. Malpractice is based on Patents
Federal issue was not Substantial
Lawyer sued his attorney in a malpractice suit over federal patents
Car crashes in Minnesota and Montana. Company Claimed that their contacts did not arise out of or relate to the injur.
Ford Motor
Mullane
established a common trust fund, which pools multiple small trusts into one large fund for easier administration. Central Hanover petitioned the court for settlement of its first account as trustee. Beneficiaries of the trust were given notice by publication in a local newspaper in compliance with the minimum requirements of New York banking law.
Burnham
Guy goes to see his wife in California, gets served. Traditional and proper because of presence.
Louisville & Nashville Railroad v. Mottley
Railroad grants free tickets. Congress passes an act to ban this. Mottley sues but anticipates a defense.
Well-Pleaded Complaint
Osborn v. Bank of United States
Bank of the United States was authorized by statute to sue and be sued in fed court, even in cases where the COA did not depend on federal law- it was enough that the bank was created under a federal charter
Life insurance in California. Texas company reaches out to specifically deal with that person
McGhee v. interntional
Wymann
Guy gets drawn to Florida or his girlfirend is going ot leave him. when he gets there, he gets served.
Shaffer (effects of it)
Gets rid of In rem jdx
Grable & Sons Metal Products v. Darue Engineering
Suing based on tax law after property was seized.
Pennoyer v. Neff
IPJ landmark case
The authority of every tribunal is limited to its territorial limits of the state it is in
State Courts can assert power over people served in state borders
Cannot assert power outside borders
Can attach located within borders
Guys selling shoes out of hotel rooms in Washington. Avoiding the long arm of Washington law
INt'l Shoe
What domicile is an executor of a will
The same domicile as the deceased
What is the diversity statute
1332