P. Jdx - Minimum Contacts Flashcards
What to do if none of the traditional basis apply?
do a contact-based analysis beginning with general to specific jdx to see if the D has minimum contacts with the forum state.
Substantial
revenue generated by the business in the forum state
Continous
the length of time doing business in the forum state
Systematic
method by which the corporation does its business in the forum state
Rule for General Jdx
If Defendant’s nerve center is in the forum state and/or if the D has continuous, systemic, and substantial contacts with the state, the forum state has general jurisdiction over Defendant and the Defendant can be sued for ANY claim, regardless of whether the claim arises out of the D’s activity in the state (is this necessary/correct?)
Purposeful Availment
Purposeful availment is a conscious/voluntary/avoidable decision to interact with the forum state and benefit of forum state’s laws or market, could reasonably anticipate being sued in forum state.
Factors for Breach of Contracts Cases
Burger King Factors
Burger King Factors
- prior negotiations
- contemplated future consequences
- terms of the contract
- course of the dealings
Stream of Commerce/Products Liability Tests
Awareness/Awareness Plus Test
Awareness Test
If a Defendant is aware and knows that its products, through the stream of commerce, have entered the forum state and are being sold in the forum state, then Defendant is receiving a benefit forum the state through the sales of its products, so it is enough to subject Defendant to personal jurisdiction in the forum state.
Awareness Plus Test
Defendant must have knowledge and be aware that, through the stream of commerce, its products are being sold in the forum state PLUS Defendant must engage in additional conduct showing an intent or purpose to serve the forum state market. (i.e. If D designs products for the forum state market, advertises, markets, provides customer call/help centers,if it establishes channels for providing regular advice to customers in the forum state, if D markets the product through a distributor who had agreed to serve as the sales agent it the forum state)
Test for Internet Activity
Zippo Sliding Scale Test
Intentional Torts Test
Calder Effects Test
