Thursday audio: Section B; Section A I; Section A II.
Here is the Notice of Removal in Worldwide. Again, because of § 1446(c)(1) (enacted post-1980), this could not happen today.
Finish Modern Approach--Nicastro, Burger King and Walden. Then prep the remaining sections of Personal Jurisdiction.
• 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 does a contract create minimum contacts? What is the test and what are the jurisdictional facts in BK?
• What is the "effects test" for PJ? How does Walden distinguish Calder?
• Why would there by jurisdiction over Roper (the Walmart driver) in Morgan?
• What is the difference between general and specific jurisdiction? When is a defendant subject to general jurisdiction according to Daimler? How does the question of specific or general jurisdiction fit into the Shoe framework? What happens if there is no specific jurisdiction?
• How do property-based actions (in rem and quasi in rem) fit in the Shoe framework? (Review the old Glannon pages on property-based jurisdiction, as well as the Preliminaries of Personal Jurisdiction). Is there jurisdiction over the following:
• How is personal jurisdiction analyzed for a non-US citizen? What about for a US citizen sued in another country?
• State law requires entities to register to do business in the state and provides that registration constitutes submission to the jurisdiction of the courts of the state for all purposes. Valid?
Analyze jurisdiction in the following case, walking through the full analysis we have on the board: Clemens v. McNamee:
Clemens (TX), a former MLB pitcher, sues McNamee (NY), his former personal trainer for defamation in Texas state court. McNamee removes and moves to dismiss for lack of personal jurisdiction.
McNamee made a series of statements about administering performance-enhancing drugs to Clemens. He made the statements to MLB investigators in New York and to a reporter from Sports Illustrated during an interview in New York. The statements described administering the drugs to Clemens in New York and Toronto while playing for teams in those cities.
McNamee and Clemens had a long-standing relationship. Over the years McNamee traveled to Texas more than 35 times to work with and train Clemens.
Texas has the same catch-all long-arm statute as California.
