Advisory Opinion on Certain Issues Arising in Connection with Recent Sanctions Cases
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INDIANA LAW REVIEW [Vol
Federal Court Jurisdiction in Civil Forfeitures of Personal Property Pursuant to the Comprehensive Drug Abuse Prevention and Control Act Karen L. Fisher* Introduction Civil forfeiture under the Comprehensive Drug Abuse Prevention and Control Act 1 has become surrounded by much controversy, since the Reagan Administration's introduction in March 1988 of a zero- tolerance policy in the war on drugs. Since then, federal and state drug enforcement activities have included the increasing use of civil forfeiture as a means of deterring illegal drug trafficking, punishing drug dealers and users, and providing additional revenues for the war on drugs. Under the Drug Control Act, a person may forfeit any real or personal property used to facilitate the manufacture, transportation, sale, or possession of illegal drugs or property acquired with proceeds connected with drug trade. 2 This Note will focus on federal civil procedure in cases involving forfeiture of personal property pursuant to the Drug Control Act. The issue considered is whether execution of a civil forfeiture judgment should extinguish federal courts' jurisdiction, thereby precluding a claimant from seeking relief from an adverse judgment. Personal property, especially intangibles, is of particular interest because the situs, or jurisdictional location, of such property is movable and often difficult to ascertain. Civil forfeiture cases under the Drug Control Act traditionally have followed in rem admiralty procedures. Under admiralty rules, the court's jurisdiction continues only so long as it maintains physical control over the property. Hence, the court loses jurisdiction once it executes judg- ment. However, in recent years, several circuits instead have asserted in personam jurisdiction over the government as plaintiff, thereby preserving a losing claimant's right of appeal after execution of the judgment. -
CH 12 Contempt of Court
CONTEMPT OF COURT .............................................................................. 1 §12-1 General Rules .............................................................................................. 1 §12-2 Direct Contempt and Indirect Contempt ............................................. 4 §12-3 Conduct of Counsel and Pro Se Litigant .............................................. 9 §12-4 Violating Court Orders ........................................................................... 14 §12-5 Other Conduct .......................................................................................... 17 §12-6 Sentencing ................................................................................................. 19 i CONTEMPT OF COURT §12-1 General Rules United States Supreme Court Codispoti v. Pennsylvania, 418 U.S. 506, 94 S.Ct. 2687, 41 L.Ed.2d 912 (1974) An alleged contemnor may be summarily tried for acts of contempt that occur during a trial, and may receive a sentence of no more than six months. In addition, the judge may summarily convict and punish for separate contemptuous acts that occur during trial even though the aggregate punishment exceeds six months. However, when a judge postpones until after trial contempt proceedings for various acts of contempt committed during trial, the contemnor is entitled to a jury trial if the aggregate sentence is more than six months, even though each individual act of contempt is punished by a term of less than six months. Gelbard v. U.S., 408 U.S. 41, 92 S.Ct. 2357, 33 L.Ed.2d 179 (1972) In defense to a contempt charge brought on the basis of a grand jury witness's refusal to obey government orders to testify before the grand jury, witness may invoke federal statute barring use of intercepted wire communications as evidence. Groppe v. Leslie, 404 U.S. 496, 92 S.Ct. 582, 30 L.Ed.2d 632 (1972) Due process was violated where, without notice or opportunity to be heard, state legislature passed resolution citing person for contempt that occurred two days earlier. -
UNITED STATES DISTRICT COURT NORTHERN DISTRICT of OHIO EASTERN DIVISION LINDSAY RAFFERTY, on Behalf of Herself and All Other
Case: 5:18-cv-02409-SL Doc #: 16 Filed: 07/08/19 1 of 16. PageID #: 229 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION LINDSAY RAFFERTY, on behalf of ) CASE NO. 5:18-cv-2409 herself and all other similarly situated, ) ) PLAINTIFF, ) JUDGE SARA LIOI ) vs. ) MEMORANDUM OPINION ) AND ORDER DENNY’S, INC., ) ) DEFENDANT. ) Before the Court is the motion to dismiss filed by defendant Denny’s, Inc. (“Denny’s”) pursuant to Fed. R. Civ. P. 12(b)(2) and 12(b)(6). (Doc. No. 7 (“Mot.”).) Plaintiff Lindsay Rafferty (“Rafferty”) has filed a response in opposition, with two supplements. (Doc. No. 11 (“Opp’n”); Doc. No. 13 (“Suppl.”); Doc. No. 14.) Denny’s filed a reply. (Doc. No. 12 (“Reply”).)1 For the reasons set forth herein, defendant’s motion to dismiss is granted in part and denied in part. I. BACKGROUND On October 17, 2018, Rafferty filed her complaint (Doc. No. 1, Complaint [“Compl.”]) under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq., on behalf of herself and all others similarly situated (the “collective members”). The FLSA provides, in relevant part: An action to recover the liability [for violations of provisions of the FLSA] may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought. -
Acquiring in Personam Jurisdiction in Federal Question Cases: Procedural Frustration Under Federal Rule of Civil Procedure 4
Seattle University School of Law Digital Commons Faculty Scholarship 1-1-1982 Acquiring In Personam Jurisdiction in Federal Question Cases: Procedural Frustration Under Federal Rule of Civil Procedure 4 Marilyn Berger Follow this and additional works at: https://digitalcommons.law.seattleu.edu/faculty Part of the Civil Procedure Commons, and the Jurisdiction Commons Recommended Citation Marilyn Berger, Acquiring In Personam Jurisdiction in Federal Question Cases: Procedural Frustration Under Federal Rule of Civil Procedure 4, 1982 UTAH L. REV. 285 (1982). https://digitalcommons.law.seattleu.edu/faculty/679 This Article is brought to you for free and open access by Seattle University School of Law Digital Commons. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Seattle University School of Law Digital Commons. For more information, please contact [email protected]. Acquiring in Personam Jurisdiction in Federal Question Cases: Procedural Frustration Under Federal Rule of Civil Procedure 4 Marilyn J. Berger* I. INTRODUCTION The role of federal courts as enforcers of federally created law recently has received renewed attention. Proposals to curtail diver- sity jurisdiction, the elimination of the monetary requirement for federal question cases and the proliferation of civil cases brought in federal courts4 suggest a resurgence of the idea that the primary function of federal courts is to entertain cases involving federally granted rights. The interest in having federal forums hear federal questions makes it particularly important for federal courts to ac- quire personal jurisdiction in such cases. The federal court system originally was established to provide a national forum for the protection of federally granted rights.5 De- * Associate Professor of Law, University of Puget Sound School of Law, B.S., 1965, Cornell University, J.D., 1970, University of California at Berkeley. -
The Historical Origins of the Sanction of Imprisonment for Serious Crime
Reprinted for private circulation from THE JOURNAL OF LEGAL STUDIES THE UNIVERSITY OF CHICAGO LAW SCHOOL Volume V (1) January 1976 PRINTED IN U.S.A. THE HISTORICAL ORIGINS OF THE SANCTION OF IMPRISONMENT FOR SERIOUS CRIME JOHN H. LANGBEIN. T HE.movement for the abolition of capital punishment is righty associ~ted with the writers of the Enlightenment, especially Beccaria, whose enormously influential tract appeared in 1764. Perhaps because the abolitionists drew so much attention to the gore of the capital sanctions of the eighteenth century, it has seldom been realized that capital punishment was already in a deep decline in the age of Beccaria and Voltaire. Writing to Voltaire in 1777, Frederick the Great boasted that in the whole Prussian realm executions had been occurring at the rate of only 14 or 15 per year.1 When John Howard visited Bremen in 1778 he discovered that "[t]here has been no execution in this city for twenty-six years."2 The abolition movement that we associate with Beccaria and Voltaire3 was a second-stage affair. Indeed, it had to be. For abolition presupposes the existence of a workable alternative for the punishment of serious crime. By the time of the American Revolution, the sanction of imprisonment for serious crime was in use throughout Europe, and England had developed a near equivalent. Although it is commonly said that "[t]he history of im prisonment has often been told,"4 Americans have not listened with much care. The claim is incessantly made that "[p]risons . , . are a pervasive American export, like tobacco in their international acceptance and perhaps • Professor of Law, University of Chicago. -
Minimum Contacts and Contracts: the Rb Eached Relationship
Washington and Lee Law Review Volume 40 | Issue 4 Article 12 Fall 9-1-1983 Minimum Contacts And Contracts: The rB eached Relationship Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Civil Procedure Commons Recommended Citation Minimum Contacts And Contracts: The Breached Relationship, 40 Wash. & Lee L. Rev. 1639 (1983), https://scholarlycommons.law.wlu.edu/wlulr/vol40/iss4/12 This Note is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. MINIMUM CONTACTS AND CONTRACTS: THE BREACHED RELATIONSHIP In InternationalShoe Co. v. Washington,1 the United States Supreme Court dramatically changed the traditional notion of personal jurisdiction by shifting the focus of jurisdictional inquiry from physical control to fairness.' Prior to InternationalShoe, the Supreme Court limited a court's jurisdiction to cases involving persons or property located within the forum state.' The InternationalShoe Court held, however, that an out-of-state defendant is subject to the jurisdiction of a court if the defendant has minimum contacts with the state where the court is located.4 The minimum contact theory of in personam jurisdiction has had a profound impact on state courts by significantly increasing the possibility that an out-of-state defendant will have to defend himself in a foreign jurisdiction.5 Courts, ' 326 U.S. -
In Personam Jurisdiction in Federal Courts Over Foreign Corporations: the Need for a Federal Long-Arm Statute
Denver Journal of International Law & Policy Volume 14 Number 1 Article 5 May 2020 In Personam Jurisdiction in Federal Courts over Foreign Corporations: The Need for a Federal Long-Arm Statute Barry E. Cohen Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation Barry E. Cohen, In Personam Jurisdiction in Federal Courts over Foreign Corporations: The Need for a Federal Long-Arm Statute, 14 Denv. J. Int'l L. & Pol'y 59 (1985). This Article is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. In Personam Jurisdiction in Federal Courts Over Foreign Corporations: The Need for a Federal Long-Arm Statute BARRY E. COHEN* I. INTRODUCTION Since the United States Supreme Court's approval of "minimum con- tacts" as a basis for state court jurisdiction over persons not present in a forum state, general purpose long-arm statutes have become part of the jurisprudence of almost every state. These statutes typically subject a party who is not present in a state to suit there, so long as the cause of action arises from certain contacts of the party in the state. An example of this type of long-arm jurisdiction is an action in one state to recover for personal injuries incurred within its borders, but resulting from the use of a defective product manufactured by a company with no physical presence in the forum. -
Crime, Sanctions and Scientific Explanation Thomas Orsagh
Journal of Criminal Law and Criminology Volume 64 | Issue 3 Article 10 1974 Crime, Sanctions and Scientific Explanation Thomas Orsagh Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Thomas Orsagh, Crime, Sanctions and Scientific Explanation, 64 J. Crim. L. & Criminology 354 (1973) This Criminology is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. THE JOURNAL OP CRIMINAL LAW & CRIMINOLOGY Vol. 64, No. 3 Copyright @ 1973 by Northwestern University School of Law Printed in U.S.A. CRIME, SANCTIONS AND SCIENTIFIC EXPLANATION THOMAS ORSAGH* There is no dearth of theoretical and empirical of the Crime-Sanctions (C-S) relation has been literature dealing with the relation between crime incorrect. and sanctions. In the last decade, interest in It is generally accepted that the relation of the subject seems to have quickened, no doubt crime to sanctions is likely to be quite complex. prompted to some extent by a well advertised and Current theory and empirical research suggest substantial rise in rates of reported crime. Recent that the two variables probably interact with each legalistic developments,1 because of their presumed other and with any number of other variables. But influence on crime rates, have also heightened our knowing this is one thing, coping with it something interest in the subject. -
Rule Interpleader, the Anti-Injunction Act, in Personam Jurisdiction, and M.C
Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law 1-1-1996 What's Wrong with This Picture?: Rule Interpleader, the Anti- Injunction Act, In Personam Jurisdiction, and M.C. Escher Donald L. Doernberg Elisabeth Haub School of Law at Pace University Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Part of the Civil Procedure Commons, Jurisdiction Commons, and the Litigation Commons Recommended Citation Donald L. Doernberg, What's Wrong with This Picture?: Rule Interpleader, the Anti-Injunction Act, in Personam Jurisdiction, and M.C. Escher, 67 U. Colo. L. Rev. 551 (1996), http://digitalcommons.pace.edu/ lawfaculty/45/. This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. WHAT'S WRONG WITH THIS PICTURE?: RULE INTERPLEADER, THE ANTI- INJUNCTION ACT, IN PERSONAIM JURISDICTION, AND M.C. ESCHER Plate 'Waterfall" O 1995 M.C. EscherICordon Art-Baarn-Holland. All rights reserved. Reprinted by permission. - At first glance, the picture above may seem unremarkable; the eye is apt to brush over the image uncritically, taking in the whole without focusing on the details. On closer examination, * Charles A. Frueauff Research Professor of Law, Pace University. B.A., Yale University; J.D.,Columbia University. Heinonline -- 67 U. Colo. L. Rev. 551 1996 552 UNIVERSITY OF COLORADO LAW REVIEW vol. 67 one notices that the structure is physically impossible, pleasing to the eye but not of the real world-unless, of course, there is some undiscovered place where water spontaneously recycles itself from the bottom of a waterfall to the top. -
Memorandum Opinion
Case 2:18-cv-00907-KOB Document 121 Filed 03/17/20 Page 1 of 19 FILED 2020 Mar-17 PM 01:35 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LAKEISHA CHESTNUT, et al., ) ) Plaintiffs, ) ) v. ) Case No. 2:18-CV-00907-KOB ) JOHN H. MERRILL, ) ) Defendant. ) MEMORANDUM OPINION At the dawn of our nation, Alexander Hamilton adopted the words of the philosopher Montesquieu and wrote that “there is no liberty if the power of judging be not separated from the legislative and executive powers.” The Federalist No. 78, at 465 (Alexander Hamilton) (Clinton Rossiter ed. 1961). The founding fathers instituted the separation of powers, which lies at the very foundation of American democracy, to protect liberty. Occasionally, that careful separation creates situations in which the court must abstain from delivering judgment, even where it might wish to interject, to respect the structure of our democratic government. This is one such case. The Plaintiffs in this case raise issues under § 2 of the Voting Rights Act. However, the court cannot reach the merits of those issues because it lacks the ability to grant the Plaintiffs effective relief under the facts of the case. This inability to provide relief renders the case moot and, moreover, creates a situation in which any opinion issued by this court would be an advisory opinion addressed to the legislature in contravention of the separation of powers. This court’s power of judging must remain separate from the legislative powers of creating new congressional districts, so the court must dismiss this case as moot and jurisdictionally barred. -
Personal Jurisdiction in Illinois, Jenner & Block Practice Series 2020
J E N N E R & B L O C K Practice Series Personal Jurisdiction in Illinois Paul B. Rietema Skyler J. Silvertrust Maria C. Liu JENNER & BLOCK LLP OFFICES • 353 North Clark Street • 633 West Fifth Street, Suite 3500 Chicago, Illinois 60654-3456 Los Angeles, California 90071-2054 Firm: 312 222-9350 Firm: 213 239-5100 Fax: 312 527-0484 Fax: 213 239-5199 • 919 Third Avenue • 1099 New York Avenue, N.W., Suite 900 New York, New York 10022-3908 Washington, D.C. 20001-4412 Firm: 212 891-1600 Firm: 202 639-6000 Fax: 212 891-1699 Fax: 202 639-6066 • 25 Old Broad Street London EC2N 1HQ, United Kington Firm: 44 (0) 333 060-5400 Fax: 44 (0) 330 060-5499 Website: www.jenner.com AUTHOR INFORMATION1 • PAUL B. RIETEMA • SKYLER J. SILVERTRUST Partner Associate Tel: 312 840-7208 Tel: 312 840-7214 Fax: 312 840-7308 E-Mail: [email protected] E-Mail: [email protected] • MARIA C. LIU Associate Tel: 202 637-6371 E-Mail: [email protected] 1 The authors would like to thank Michael A. Doornweerd and A. Samad Pardesi for their substantial contributions to prior versions of this Practice Guide. © 2020 Jenner & Block LLP. Attorney Advertising. Jenner & Block is an Illinois Limited Liability Partnership including professional corporations. This publication is not intended to provide legal advice but to provide information on legal matters and firm news of interest to our clients and colleagues. Readers should seek specific legal advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Brent E. -
Duplicative Foreign Litigation
Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2010 Duplicative Foreign Litigation Austen L. Parrish Indiana University Maurer School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Jurisdiction Commons, and the Transnational Law Commons Recommended Citation Parrish, Austen L., "Duplicative Foreign Litigation" (2010). Articles by Maurer Faculty. 883. https://www.repository.law.indiana.edu/facpub/883 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Duplicative Foreign Litigation Austen L. Parrish* What should a court do when a lawsuit involving the same parties and the same issues is already pending in the court of another country? With the growth of transnationallitigation, the issue of reactive, duplicative proceed- ings-and the waste inherent in such duplication-becomes a more common problem. The future does not promise change. In a modem, globalized world, litigants are increasingly tempted to forum shop among countries to find courts and law more favorably inclined to them than their opponents. The federal courts, however, do not yet have a coherent response to the problem. They apply at least three different approaches when deciding whether to stay or dismiss U.S. litigation in the face of a first-filed foreign proceeding. All three approaches, however, are undertheorized, fail to ac- count for the costs of duplicative actions, and uncritically assume that domes- tic theory applies with equal force in the international context.