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Chemerinsky: Despite SCOTUS ruling, questions of personal jurisdiction remain unsettled
Erwin Chemerinsky. Photo by Jim Block.
For the last two decades, the U.S. Supreme Court has consistently restricted the ability to sue out-of-state defendants without their consent. But in
The decision, handed down in March, is important in clarifying the law of personal jurisdiction, but it also raises many questions that will confront lower state and federal courts and ultimately need Supreme Court resolution.
Some background
Every first-year law student in civil procedure reads the famous case of
International Shoe v. State of Washington (1945). Before this case, the court long had ruled that due process limits the ability to sue an out-of-state defendant without its consent. In
RICHMOND, Ind. Lights, then action.
New Dodge Charger police cars line the last row of parking spaces near North Third Street in the Richmond Municipal Building parking lot. With their Richmond Police Department decals, they look ready to go, but they still need their lights and other equipment.
RPD has received delivery of eight of the nine new police vehicles it ordered. The lights, though, still need to be delivered, Chief Mike Britt said.
Seven of the nine new Chargers will be fully marked and two will be unmarked for detectives. The marked cars will look a little different from current RPD patrol vehicles.
On March 25, 2021, the Supreme Court held in
Ford Motor
Company v. Montana Eighth Judicial District Court that Montana
and Minnesota courts could exercise jurisdiction over the global
auto manufacturer for certain in-state vehicle accidents, even if
Ford sold, designed, and manufactured the allegedly defective
automobiles outside those forums.
1 The
Ford
decision sparked immediate questions about the direction of the
Court s personal jurisdiction jurisprudence, especially after a
decade of decisions restricting the exercise of jurisdiction over
out-of-state defendants. Does
Ford signal a return to the
days of expansive jurisdiction or was it simply a tried-and-true
application of existing principles? In other words, how worried
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