Chief Justice John Roberts, writing for the nearly unanimous Court, explained that a primary concern in evaluating specific jurisdiction is the burden on the defendant, which requires consideration of "the practical problems resulting from litigating in the forum," and also the issue of requiring a defendant to submit to "the coercive power of a State that may have little legitimate interest in the claims in question.
The Court held that California could not exercise personal jurisdiction over non-residents' claims, resulting in the dismissal of 592 complaints.
In sum, the law governing personal jurisdiction has evolved quickly and significantly over the past few years and the key Supreme Court cases on these issues are still in the process of being interpreted and applied by lower state and federal courts.
While presence-based jurisdiction over natural persons is well-established, there is little support in the case law for the proposition that service of process on a corporation that is carrying on business in the forum confers general jurisdiction over the corporation.
This Article proceeds as follows: Part II discusses the Chevron decision, with particular focus on the Supreme Court of Canada's pronouncement that presence-based jurisdiction was appropriately asserted over Chevron Canada because it had been served with process at its physical offices in Ontario.
However, post-Brexit, an English court may once again be at liberty to issue such an injunction against any party that commences proceedings in a Member State court in breach of an English jurisdiction clause.
English jurisdiction clauses are respected throughout the EU and, even if the Recast Regulation no longer applies post-Brexit, such clauses are still likely to be upheld by Member State courts, even in the worst case scenario where no reciprocal jurisdiction regime is implemented.
12) Because a lack of subject-matter jurisdiction can be raised at any time and formally nullifies any progress that the parties have achieved, the economic downsides of diversity contamination for diverse litigants are considerable.
The first--what we refer to as "joint jurisdiction"--holds that the presence of the jurisdictional spoiler contaminates other claims in the action, such that the federal court lacks diversity jurisdiction over the diverse claim as well.
Lack of or weak bank regulatory controls, or failure to adopt or adhere to the Basel Committee's "Core Principles for Effective Banking Supervision," especially in jurisdictions where the monetary or bank supervisory authority is understaffed, under-skilled, or uncommitted.
Well-established offshore financial centers or tax-haven banking systems, especially jurisdictions where such banks and accounts can be readily established with minimal background investigations.
The European Council had announced its list of non-cooperative tax jurisdictions
on December 5, 2017, after a thorough screening and dialogue process with non-EU countries, to assess them against agreed criteria for good governance.