In Personam Jurisdiction

Question 1

what pj law do federal courts follow

Answer 1

federal courts follow the pj law of the states in which they sit

Question 2

is there variation state to state for pj

Answer 2

some variation, but not much

Question 3

what are the 2 types of in personam jurisdiction

Answer 3

general and specific

Question 4

what is general in personam

Answer 4

plaintiff can assert any claim whatsoever, even if it is unrelated to the defendant’s contacts with the forum state

Question 5

what is specific in personam

Answer 5

plaintiff’s claims against the defendant must arise out of - or directly relate to - the defendant’s contacts with the forum

Question 6

what is specific in personam governed by

Answer 6

governed by state’s long arm statute which stretch farrrrrrr

Question 7

what are common bases for general in personam (4)?

Answer 7

1) physical presence
2) domicile
3) consent
4) corporations that are “at home”

Question 8

how does physical presence within the state allow for general in personam?

Answer 8

service of process on the defendant while she is physically present in the state

Question 9

what are the exceptions to gaining general in personam through physical presence within the state

Answer 9

if a person was in the state only to answer a summons OR if the persons are brought to the state by force or fraud

Question 10

how is domicile a basis for general in personam j

Answer 10

remember domicile is where one resides with intent to remain indefinitely (independent of physical presence)

Question 11

how does consent become a basis for general in personam

Answer 11

expressly (yes id be delighted) or impliedly (by not raising the issue)

Question 12

can consent be given by contract

Answer 12

yes as long as the terms are reasonable, or by appointment of an in state agent for receiving service of process

Question 13

what about corporations

Answer 13

can consent to personal j just like individuals, but the rules regarding physical presence are a little different

Question 14

is merely doing business in a state enough to support general j for a corp

Answer 14

no

Question 15

what must be true for a corp to have general j based on physical presence

Answer 15

they must be “at home” in the forum state

Question 16

what does it mean to be “at home”

Answer 16

same as how to figure out their citizenship: the state of incorporation and the state where the corp has its principal place of business

Question 17

what are some common bases for specific in personam jurisdiction [these are the most common you should list if it applies on day 1, but know that for Virginia it is pretty much anything and you can sparse it out from the fact pattern]

Answer 17

an act or omission in the state causing injury to a person or property here or elsewhere; an act or omission outside of the state causing injury to a person or property in the state, provided that the defendant conducted activities here or introduced goods into the flow of commerce; any claim arising out of a contract to perform services in the state or to pay someone in the actual state to perform services elsewhere, or out of the actual performance of such services; any claim arising out of a contract to ship goods to or from the state, or arising out of the shipment of such goods; any claim regarding local property

Question 18

can federal courts assert broader pj

Answer 18

generally fed courts follow the state long arm statutes of the states in which they sit, but they can assert broader pj in specific cases

Question 19

what are the (3) circumstances where federal court can assert broader pj

Answer 19

1)federal interpleader act
2)the bulge provision of the federal rules
3) unusual provision of a foreign defendant

Question 20

what is the federal interpleader act (statutory interpleader)

Answer 20

authorizes nationwide service of process which establishes pj anywhere in the US ( a state cannot make a similar provision authorizing nationwide service of process)

Question 21

What is the Bulge Provision?

Answer 21

Allows a federal court to exercise personal jurisdiction over certain parties who have been joined to a case if those parties are within 100-miles of the court even if they are located in another state

This done for: impleading 3rd party defendants AND for joining necessary parties

Question 22

what happens when a defendant is not subject to pj in any state court

Answer 22

very rare, most relevant to foreign defendants with no particular contact with a particular state

allows the suit to be brought in federal court, so long as there are minimum contacts with the US as a whole