Tag jurisdiction over corporation Forum
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Tag jurisdiction over corporation
Possible to have personal jurisdiction over a corporate defendant if CEO was served in forum state, but corporation has no other minimum contacts?
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Re: Tag jurisdiction over corporation
I don't think there's a clear answer here. In Burnham, Scalia said the holding didn't apply to corporations and it might come out differently. In Benguet mining, I think the CEO was served in the forum state, but PJx was established with general jurisdiction/minimum contacts rather than presence. I believe the presence of a registered agent for service is sufficient, but not sure a transient CEO would fit. Interested to here other people's take though...
- greenchair
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Re: Tag jurisdiction over corporation
My professor said the answer is no. But some states like NY has allowed it (I forget the case name).
So if you're a CEO on vacation in Hawaii, and you are served there, doesn't mean your company has to defend in Hawaii...
So if you're a CEO on vacation in Hawaii, and you are served there, doesn't mean your company has to defend in Hawaii...
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Re: Tag jurisdiction over corporation
My teacher also told us that tag jurisdiction is only relevant for individuals. Since a corporation is a legal entity, it doesn't apply. Serving a CEO wouldn't make the corporation defend themselves their either.
As far as we learned, jurisdictions are split on if serving an agent would be sufficient, the U.S.S.C. has never ruled on the matter.
As far as we learned, jurisdictions are split on if serving an agent would be sufficient, the U.S.S.C. has never ruled on the matter.
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Re: Tag jurisdiction over corporation
there is a circuit split in regards to tagging corporations
but for the jurisdictions where it is allowed, you can only tag high level employees who are there for business related activities
..so no, you can't tag the ceo on vacation
but for the jurisdictions where it is allowed, you can only tag high level employees who are there for business related activities
..so no, you can't tag the ceo on vacation
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- dannynoonan87
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Re: Tag jurisdiction over corporation
In my prof.'s world, you can't tag a corporation.
Only individuals.
Burnham'd
Only individuals.
Burnham'd
- JamMasterJ
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Re: Tag jurisdiction over corporation
what would you do if they were an unincorporated organization, and it's a partner?dannynoonan87 wrote:In my prof.'s world, you can't tag a corporation.
Only individuals.
Burnham'd
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Re: Tag jurisdiction over corporation
We actually had a practice problem like this, so while I don't have an exact legal answer for you, my professor seemed to allude that for an unincorporated organization, like a partnership, or a sole ownership, it might be proper to exercise tag jx. You would probably use an International Shoe/World-Wide Volkswagen analysis with a side of Burger KingJamMasterJ wrote:what would you do if they were an unincorporated organization, and it's a partner?dannynoonan87 wrote:In my prof.'s world, you can't tag a corporation.
Only individuals.
Burnham'd
Tag jx over corporation, we were taught, is not proper for personal jx.
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Re: Tag jurisdiction over corporation
what would you do if they were an unincorporated organization, and it's a partner?[/quoteJamMasterJ wrote:dannynoonan87 wrote:In my prof.'s world, you can't tag a corporation.
Only individuals.
Burnham'd
Peep the date man. This is a 5 year old post. To answer your question though, depends on the form of partnership. For instance, if an LLP, the org is fine.
- JamMasterJ
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Re: Tag jurisdiction over corporation
haha I don't even remember what tag jurisdiction is