LAW 794 Lecture Notes - Lecture 14: Minimum Contacts, Due Process
30 Mar 2020
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Procedural due process of 5th amendment applicable to us gov"t. Some authorization for service of process, e. g. , state long-arm statutes. In most cases, limit of federal court"s reach is the same as a state court"s reach. Whether exercise of pjx is constitutional and consistent w/due process. In a bk case, there is a much more broad authorization for pjx. P. 7004 governs service of process in all bk proceedings. P. 9014(b): service of a motion for a contested matter is governed by 7004. 7004(d): process can be served in a bk proceeding anywhere in us. Home bk court is authorized to assert pjx over anyone in us. We"re concerned w/some sort of relationship of sovereign w/d, and if the sovereign is the us, we look to the 5th amendment, and that"s what we have when a federal court is exercising pjx. Thus, pjx in bk proceeding usually not an issue.
