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Personal Jurisdiction Congress, by way of the Federal Rules of Criminal Procedure, has provided for nationwide service of process of criminal summons. Service of process on a corporation may be effected within the territorial limits of the United States by: On January 4,service by certified mail of a criminal summons was made upon Seiichi Masuko, the general manager of the larger of the two Nippon offices in Seattle.
Subsequently, in-hand service of the criminal summons on Seiichi Masuko was executed by a United States Marshal at Nippon's Seattle office. Alternatively, the government maintains that, because Nippon has sufficient contacts with the United States, service pursuant to Rule 4 gives this court jurisdiction over Nippon.
Review of jurisdictional principles "Personal jurisdiction implicates the power of a court over a defendant.
Historically, the presence of a defendant within the boundaries of the sovereign served as a prerequisite to its courts exercising jurisdiction over him. Once presence existed, the manner in which such presence was procured did not alter the power of the court over that person.
United States, F. With the advent of personal service of process, the scope of a sovereign's power expanded to include, under certain conditions, persons not present in its territory. International Shoe, U. Exercise of jurisdiction over persons not Nippon paper within the sovereign's borders was held to be consistent with due process if the defendant has "certain minimum contacts with it such that maintenance Nippon paper the suit does not offend traditional notions of fair play and substantial justice.
The modern doctrine of personal jurisdiction, thus, involves two distinct and independent bases for exercise of a sovereign's power: With respect to the latter basis for jurisdiction, the First Circuit has developed the doctrines of general and specific jurisdiction.
Workers of America v. A court has general jurisdiction over a person "when the litigation is not directly based on the defendant's forum-based contacts, but the defendant has nevertheless engaged in continuous and systemic activity, unrelated to the suit, in the forum state.
If general jurisdiction is lacking, a court determines whether it possesses specific jurisdiction by examining 1 the relatedness of the defendant's forum-state activities and the claim underlying the litigation, 2 the deliberateness of the defendant's contacts with the forum-state, and 3 the reasonableness of the exercise of jurisdiction in light of various Gestalt factors.
Turning to adjudication of federal claims in federal courts, two factors must be examined: Unifund SAL, F. Courts have recognized that Congress may provide for nationwide service of process.
In providing for nationwide service, Congress defines the territorial jurisdiction of the federal courts as encompassing the entire nation. As such, the Due Process Clause of the Fifth Amendment does not require that a defendant have sufficient contacts with the state in which the district court sits for there to be jurisdiction.
Johnson Creative Arts, Inc. Jurisdiction by virtue of service in the United States The government contends that service under Rules 4 and 9, standing alone, is sufficient to create jurisdiction over Nippon. In advancing this position, the government argues by analogy from cases concerning the presence of individual criminal defendants.
The Supreme Court explained in Frisbie: The Court has never departed from the rule announced in Ker v. They rest on the sound basis that due process of law is satisfied when one present in court is convicted of a crime after having been fairly apprised of the charges against him and after a fair trial in accordance with constitutional safeguards.
As Frisbie implies, minimum contacts considerations do not apply to individuals who are served process within the territorial limits of the sovereign.
And so, the government contends, service on an agent within the territory of the United States establishes the presence of an alien corporation. The principal problem with the government's analogy lies with the concept of corporate presence.
Corporations are legal constructions and their presence is, in some sense, fixed to the situs of their incorporation. Where nationwide service is applied to an American corporation this does not present a problem, insofar as jurisdiction can be acquired by service in its state of incorporation.
But, process on an alien corporation at its place of incorporation would, of course, take place beyond the territorial limits of the United States.
Moreover, the government's suggestion that service on an officer of an alien corporation within the United States functions as the surrogate for the presence of the alien corporation leads to incongruous results. Consider service of process on the president of an alien corporation who merely happens to be vacationing in Florida, or changing airplanes at an American airport in route to a foreign destination.
By continuing your navigation, you consent to their use. Nippon Paper Industries USA operates a pulp and paper mill in Port Angeles, Wash. Its purpose is to produce and sell telephone directory paper. Built in , the location was formerly known as the Daishowa America Company s mill and previously was a Crown Zellerbach property.
JX Nippon Chemical Texas Incorporated (JX NCTI) is a part of JXTG Holdings, Inc., specialty chemical division..
Since JX NCTI started operations out of the Pasadena Texas facility in under the name Nisseki Chemical Texas Incorporated, JX NCTI has distinguished itself globally into the two specialty chemical businesses of ENB (Ethylidene Norbornene) & SAS (Specialty Aromatic Solvent).
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