Tag jurisdiction over corporation

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echooo23

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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

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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...

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greenchair

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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

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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

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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

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dannynoonan87

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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

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JamMasterJ

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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?

sure yeah ok

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Re: Tag jurisdiction over corporation

Postby sure yeah ok » Thu Dec 07, 2017 6:02 pm

JamMasterJ wrote:
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?


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 King

Tag jx over corporation, we were taught, is not proper for personal jx.

SomewhatLearnedHand

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Re: Tag jurisdiction over corporation

Postby SomewhatLearnedHand » Thu Dec 07, 2017 6:08 pm

JamMasterJ wrote:
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?[/quote

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.

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JamMasterJ

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Re: Tag jurisdiction over corporation

Postby JamMasterJ » Wed Dec 13, 2017 11:35 pm

haha I don't even remember what tag jurisdiction is :lol:



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