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Jurisdiction & Due Process in Intl. Business Disputes: McGee v. Int’l Life Ins. Co., Slides of Civil procedure

The mcgee v. Int’l life ins. Co. Case, in which the us supreme court ruled that california had jurisdiction over a case involving an insurance contract despite the parties being from different states. The document also explores the concept of due process and the 'mcgee factors' used to determine jurisdiction in such cases. Additionally, it includes similar cases and discussions on quasi in rem jurisdiction and shareholder derivative actions.

Typology: Slides

2012/2013

Uploaded on 01/30/2013

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Download Jurisdiction & Due Process in Intl. Business Disputes: McGee v. Int’l Life Ins. Co. and more Slides Civil procedure in PDF only on Docsity! McGee v. Int’l Life Ins. Co. (US 1957) Docsity.com Turning to this case we think it apparent that the Due Process Clause did not preclude the California court from entering a judgment binding on respondent. It is sufficient for purposes of due process that the suit was based on a contract which had substantial connection with that State. The contract was delivered in California, the premiums were mailed from there and the insured was a resident of that State when he died. Docsity.com - Californian calls Oregonian and offers him $100,000 if he performs work in Nevada. - The Oregonian has made no advertisements encouraging offers. - The Oregonian agrees. - The Californian sends the Oregonian $50,000 as a deposit. - The Oregonian performs the work. - The Californian thinks the work is sub-standard and refuses to give the Oregonian the other $50,000. - Is there PJ in California state court for the Californian's suit against the Oregonian for return of the $50,000 deposit? Docsity.com - Californian calls Oregonian and offers him $100,000 if he performs work in Nevada. - The Oregonian has made no advertisements encouraging offers. The Oregonian agrees. - The Californian sends the Oregonian $50,000 as a deposit. - The Oregonian performs the work. - The Californian thinks the work is sub-standard and refuses to give the Oregonian the other $50,000. - Is there PJ in Oregon state court for the Oregonian's suit against the Californian for the remaining $50,000 under the contract? Docsity.com - Californian calls Oregonian and offers him $100,000 if he performs work in Nevada. - The Oregonian has made no advertisements encouraging offers. The - Oregonian agrees. - The Californian sends the Oregonian $50,000 as a deposit. - The Oregonian performs the work. - The Californian thinks the work is sub-standard and refuses to give the Oregonian the other $50,000. - Is there PJ in Nevada state court for the Californian's suit against the Oregonian? For the Oregonian's suit against the Californian? Docsity.com Thompson v. Chrysler Motors Corp. 755 F.2d 1162 (5th Cir. 1985) Docsity.com - Miss. P goes to Ala. D to buy car. - Returns with car to Miss. - Car has problems, P makes many phone calls to Ala. and returns a number of times to Ala. for repair. - Finally D ships a master cylinder to P in Miss. for use in repair there. - Cylinder is defective and accident occurs. - P sues D in Miss. state court. PJ? Docsity.com Bensusan Restaurant Corp., v. King, 937 F.Supp. 295 (S.D.N.Y. 1996) Docsity.com Shaffer v. Heitner (US 1977) Docsity.com shareholder’s derivative action Docsity.com Appellants contend that the sequestration statute as applied in this case violates the Due Process Clause of the Fourteenth Amendment both because it permits the state courts to exercise jurisdiction despite the absence of sufficient contacts among the defendants, the litigation, and the State of Delaware and because it authorizes the deprivation of defendants' property without providing adequate procedural safeguards. Docsity.com
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