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US Civil Procedure for International Students: 2022 - 2023 Edition

Consent and Waiver

     You will remember from cases such as Nicastro that some justices are quite concerned about one state exceeding its powers by resolving a case that really falls within the power of another state. If the concern is state sovereignty rather than personal liberty, it would seem possible that the defendant is not able to waive the state's interest and consent to jurisdiction. The cases that follow address various forms of consent and waiver.