Civil ProcedureMaranville
Pennoyer Hypotheticals
Day 1: Pennoyer
Enforcement of Judgments
Maranville sues Schnapper in state court for negligence stemming from an auto accident. She receives a judgment against him. What is the significance of that piece of paper? What can Maranville do with it?
Justification for “Presence” Requirement: Variation #1
Neff consulted Mitchell in 1858. Neff was physically in Oregon then, but hasn’t been back since Neff refused to pay the judgment entered in 1866. Does the Oregon court have any ability to enforce the judgment if Neff hasn’t left any property in Oregon
Justification for “Presence” Requirement: Variation #2
Jon and Shelly are in auto accident by Gates Hall. Both reside in Seattle, WA. Jon sues Shelly in Washington state court; court enters judgment against Shelly. Shelly has money hidden away, but refuses to pay the judgment. Does the Washington court have any ability to enforce the judgment? How?
Justification for “Residence” Requirement: Variation #3
After the accident, but before the lawsuit, Shelly graduates and goes to New York to get an LLM at NYU lawschool. Will the court have any ability to enforce the lawsuit?
Day 2: Effect of Pennoyer Framework & Rule Choice Alternatives
Melissa has a side career as a chocolate maker. She opens her business selling premium chocolates with a secret ingredient while in law school at the U.W. She makes repeated advertising & sales trips to N.Y. She enters a big supply contract in N.Y. with Big Apple Chocolates. She then goes back to Seattle, breaches the contract, and doesn’t go near N.Y. for the rest of her life. Under the Pennoyer framework, can Big Apple get territorial jurisdiction over Melissa in N.Y.? Why or why not?
Day 3: Developments Under the Pennoyer Framework (See Yeazell, pp. 70-73)
Melissa still has her side career as a chocolate maker. She has incorporated in Washington as MZ Chocolates. MZ Chocolates advertised in New YorkMassachusetts. MZ Chocolates has hired salespeople and delivery drivers in New YorkMassachusetts to operate on its behalf.
Variation #1: Corporations
Robert has a business in NY that purchases Melissa’s chocolates for re-sale. Melissa breaches her contract with Robert and doesn’t deliver a batch of chocolates that one of Robert’s customers was counting on for a very special inaugural event. Can Robert sue MZ Chocolates in N.Y.? Do you want any additional information?
Variation #2: Quasi-in-rem Jurisdiction
Big Apple Ben(we won’t say whether it was Benno, Ben K. or Ben S.) borrowed $20 from Drew in New York and hasn’t paid him. (What a deadbeat!) Downtown Drew got a delivery of chocolates from Melissa in New York and hasn’t paid her. (What a sleazebag!) Ben comes to Washington state. Melissa wants to sue Drew in Washington state. Can she do that under Pennoyerand the early cases interpreting Pennoyer?
Variation #3. Corporations
Assume that Chrissy is a delivery truck driver for JL Chocolates. Chrissy has never set foot in N.Y. Chrissy’s delivery truck ran over Natashain Iowa. Can Natashasue MZ Chocolates in NY? Why or why not?
Variation #4: Non-resident Motorists
Assume Natashagoes to NY to sue MZ Chocolates, runs into Robert. (another auto accident!) Natasha goes back home to Iowa. Can Robert sue Natasha in N.Y. under Pennoyer? As the Pennoyer framework later developed? What additional information would you want?
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