We also discuss how that solution potentially creates new tensions, particularly regarding the notion that a court without subject-matter jurisdiction over an action may nonetheless render a binding adjudication of claims within that action.
In the ongoing policy debate about the scope and propriety of diversity jurisdiction, basic technical oddities of diversity jurisdiction have gone overlooked.
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.
Critically, the plaintiff cannot be the only connection between the forum and the defendant, and jurisdiction over a defendant cannot be based on the activity of another party or a third person not a party to the suit at issue.
Most recently, on June 19, 2017, the Supreme Court applied the principles set out in Walden to reject specific jurisdiction over non-resident plaintiffs.
Conceptual Problems with Presence-Based Jurisdiction over Corporations A.
The aspect of Chevron that no one has really focused on is what Chevron said about presence-based jurisdiction over corporations.
If that happens, the current regime on jurisdiction will remain in force.
In the event that the Recast Regulation does not apply post-Brexit, an alternative jurisdiction regime will need to be implemented.
The decision leaves 9 jurisdictions on the list of non-cooperative jurisdictions out of 17 announced initially on December 5, 2017.
The jurisdictions that remain on the list are strongly encouraged to make the changes requested of them.