Thursday audio--Section A, Section B.
We skipped this for time reasons, but review 15 U.S.C. § 78aa (this was among assigned additional materials), governing suits under federal securities laws. Section (a) gives the federal court jurisdiction (another statute-specific grant) and establishes the district where suit can be brought. Beginning on the tenth line, it says "and process in such cases may be served in any other district of which the
defendant is an inhabitant or wherever the defendant may be found." This is what FRCP 4(k)(1)(C) has in mind--a federal statute establishing rules for service of process (and thus personal jurisdiction)--in this case where the defendant can be found. That is, regardless of where the securities fraud suit is filed, a defendant anywhere within the U.S. is subject to jurisdiction.
Move to Modern Approach. Prep World Wide, Nicastro, and Burger King. Also, consider whether there is personal jurisdiction over Roper (the Walmart driver) in New Jersey.
• Consider the party line-up in World Wide Volkswagen:
Robinson (NY) sued Audi (a German company), Volkswagen of America (the US subsidiary, a NJ corporation with PPB in NJ), World-Wide Volkswagen (the regional distributor, a NY corporation), and Seaway (local dealer, a NY corporation). Robinson sued in Oklahoma state court. Audi and VWA are subject to PJ in Oklahoma, but prefer federal court? How can they make that happen?
Also, Robinson and his family were driving through Oklahoma as part of a permanent move from NY to Arizona; Robinson had a new job and the family planned to stay in Arizona permanently. Why is Robinson a NY citizen?
• How does World Wide adjust the two pieces of the Shoe standard and how do the two connect? How does a defendant establish "certain minimum contacts?" How can a defendant "purposefully avail?" In what way(s) did WW and Seaway, perhaps, purposefully avail?
• What is the difference between "stream of commerce" and "stream of commerce-plus?" Did Nicastro resolve which is required (hint: count the votes). Where can Nicastro sue, if not New Jersey? Does FRCP 4(k)(2) have anything to say on this?
• How do contract claims create purposeful availment? What were the jurisdictional facts in Burger King?
