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Selected Issues Of Personal Jurisdiction Or Jurisdiction To Adjudicate And Limitations

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Chapter Summary

This chapter explores the issues raised under U.S. law with respect to in personam jurisdiction, or jurisdiction to adjudicate. It discusses these questions as they arise in state court, and review removal procedures. The chapter reviews in personam jurisdiction in federal court. It also reviews the traditional "minimum contacts" and due process analysis with respect to foreign defendants. It examines the questions of waiver of objections to in personam jurisdiction, and discusses the special questions pertaining to related corporations. The chapter also discusses the so-called national contacts theory of jurisdiction over non-U.S. corporations, and it reviews venue considerations in cases involving alien defendants. It provides a checklist of issues relating to in personam jurisdiction and practical strategies. In analyzing personal jurisdiction issues in cases with international aspects, the overriding issue is whether the exercise of personal jurisdiction is consistent with the United States Constitution.

Keywords: in personam Jurisdiction; alien defendants; federal court; personal jurisdiction issues; state court Jurisdiction



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