73 Pages Posted: 13 May 2009
Date Written: 1987 / 1988
This article explains why jurisdiction through foreign attachment is withering away as a major source of state authority to secure jurisdiction over defendants who are nonresident individuals or foreign corporations. The article first explains how the holding of Shaffer v. Heitner, 433 U.S. 186 (1977) limits jurisdictional attachments by mandating that defending parties have sufficient contact with a forum state to meet the minimum requirements of the International Shoe Co. v. Washington, 326 U.S. 310 (1945). The article then explains that procedural due process rules announced in Fuentes v. Shevin, 407 U.S. 67 (1972) necessarily severely limit - and likely entirely foreclose - jurisdictional attachments, which necessarily occur without notice and opportunity to be heard by owners of the items of property being attached.
Keywords: foreign attachment, foreign corporations, Shaffer v. Heitner, International Shoe Co. v. Washington, due process rules, Fuentes v. Shevin
JEL Classification: K22, K39, K49
Suggested Citation: Suggested Citation
Bourne, Richard W., The Demise of Foreign Attachment (1987 / 1988). Creighton Law Review, Vol. 21, No. 1, 1987/88. Available at SSRN: https://ssrn.com/abstract=1397309