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

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...

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...

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.

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

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

Only individuals.

Burnham'd

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?

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.

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.

haha I don't even remember what tag jurisdiction is