Civil Procedure Flashcards
What is the constitutional standard for personal jurisdiction?
A defendant must have sufficient minimum contacts with the forum state such that asserting jurisdiction over him does not offend traditional notions of fair play and substantial justice. This requires three elements:
(1) Minimum Contacts: the defendant must have purposefully availed himself of the benefits and protections of the forum state such that it is **reasonably foreseeable that his activities in the forum state subject him to being haled into court **there.
(2) Relatedness of Claim to Contact with Forum: courts will consider the relatedness between the claim at issue and the defendant’s contact in the forum state.
* Specific jurisdiction arises when the claim is directly related to the defendant’s contact with the forum state
* General jurisdiction arises when the defendant’s contacts are so systematic and continuous that he is essentially at home in the state
(3) Fairness Factors:: courts will then consider:
* the convenience to the parties (plaintiff’s interest in obtaining convenient relief; location of witnesses & evidence; burden on defendant)
* forum state’s interest in regulating activity (and protecting its citizens)
* any other interests (e.g., interstate efficiency interest?)
What is a corporation’s principal place of business?
The PPB is determined by the “nerve center” test; it refers to the place where a corporation’s officers direct, control, and coordinate the corporation’s activities. Typically, this is where the corporation maintains its headquarters.
