Civ Pro Question
Posted: Fri May 06, 2011 7:22 pm
Is Hess still good law concerning implied consent to jurisdiction? OR was it overruled by Shoe?
Re: Civ Pro Question
Posted: Fri May 06, 2011 9:48 pm
Hess v. Palowski is good case law in the sense that long arm statutes can basically "imply consent." However, I doubt you would be citing to Hess when arguing any of this outside of a Civ Pro exam. The only thing you might need to mention in an exam is that Hess expanded the Pennoyer decision and after Hess many states started creating long arm statutes that implied consent to personal jurisdiction when people drove in their roads (some qualifications).
Last semester I brought up Hess in a personal jurisdiction essay, but I kept it real short. The case is probably not important for most Civ Pro exams.