Tag jurisdiction over corporation

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
echooo23
Posts: 265
Joined: Tue Jun 08, 2010 11:29 pm

Tag jurisdiction over corporation

Postby echooo23 » Sun Dec 16, 2012 3:33 pm

Possible to have personal jurisdiction over a corporate defendant if CEO was served in forum state, but corporation has no other minimum contacts?

ClubberLang
Posts: 208
Joined: Wed May 23, 2012 11:34 am

Re: Tag jurisdiction over corporation

Postby ClubberLang » Sun Dec 16, 2012 6:01 pm

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...

User avatar
greenchair
Posts: 150
Joined: Sat May 08, 2010 1:04 am

Re: Tag jurisdiction over corporation

Postby greenchair » Sun Dec 16, 2012 7:10 pm

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...

andrew58269
Posts: 4
Joined: Mon Jul 30, 2012 4:40 pm

Re: Tag jurisdiction over corporation

Postby andrew58269 » Sun Dec 16, 2012 9:18 pm

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.

presidentk1
Posts: 132
Joined: Wed Apr 25, 2012 7:43 pm

Re: Tag jurisdiction over corporation

Postby presidentk1 » Sun Dec 16, 2012 9:20 pm

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

User avatar
dannynoonan87
Posts: 236
Joined: Wed Oct 10, 2012 11:36 pm

Re: Tag jurisdiction over corporation

Postby dannynoonan87 » Mon Dec 17, 2012 1:44 am

In my prof.'s world, you can't tag a corporation.

Only individuals.

Burnham'd

User avatar
JamMasterJ
Posts: 6688
Joined: Sat Jan 29, 2011 7:17 pm

Re: Tag jurisdiction over corporation

Postby JamMasterJ » Mon Dec 17, 2012 1:52 am

dannynoonan87 wrote:In my prof.'s world, you can't tag a corporation.

Only individuals.

Burnham'd

what would you do if they were an unincorporated organization, and it's a partner?




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: mav1993, mist4bison, no_desk and 9 guests