Personal Jdx - Trad. Bases Flashcards
Types of Personal Jdx
In Personam
In Rem
Quasi in rem
In personam
Holding the defendant liable in the judgement (like an outstanding debt)
Full Faith and Credit Clause:
can travel to another state and have the other state enforce the judgement against defendant
In rem
(Property Based) Attach property in dispute in forum state
Quasi in rem
(Property Based) Attach property that is unrelated to the lawsuit
Traditional Basis of Personal Jdx
Citizenship
Tag Jdx
Consent
Waiver
General Rule for Citizenship - Individuals (Personal Jdx)
If domiciled in the forum state
Domiciled = residence or physical presence in the state with the intent to remain indefinitely
General Rule for Citizenship - Corporations (Personal Jdx)
state of incorporation
General Rule for Tag Jdx
Out of state individual gets served/tagged with the lawsuit while in the forum state (even if only in the forum state temporarily, it is enough to establish personal jurisdiction). **Does not apply to corporations.
Bright Line Rule:
If the Defendant has been served with process while in the forum state, that is enough to establish PJ, regardless of how long he has been in the state.
Justice Brennan Purposeful Availment Test:
Did the defendant purposely avail himself of the benefits and protection of the forum state?
Force Fraud Exceptions:
can’t use force to bring to the forum state
General Rule for Consent
defendant can consent to personal jdx even if defendant has valid objection to personal jdx (different from SM jdx where parties can’t consent)
What are types of clauses in a contract that affect procedure? (Contractual Consent)
Choice of Law
Consent to Jdx
Forum Selection Clause
Choice of Law
Specifies the substantive body of law that will be applied to the dispute (but doesn’t say where suit will be brought)
Consent to Jdx
Consent to jurisdiction clauses permit but do not require that the suit be brought in the consented to place
Forum Selection Clause:
Forum selection clauses limit the forum to a single, exclusive location where a lawsuit must be filed
Waiver General Rule
Defendant must make a timely challenge to dismiss the case for lack of personal jurisdiction or D will waive his right to object to suit on the grounds of lack of personal jurisdiction.
How to challenge personal jurisdiction
- relate to subject matter jdx
- doesn’t have personal jdx
- rule of consolidation
- only one rule 12 motion
- can’t bring up anything they previously waived
Rule of Consolidation
aka the right to join: Defendant can combine all the rule 12 defenses in one pre-answer motion to dismiss
Special Appearance Procedure
- Challenging jurisdiction in the special appearance by making a motion to dismiss for lack of personal jurisdiction
- The motion to dismiss for lack of personal jurisdiction must be the first response to the complaint
- Special appearance immunizes the defendant from tag jurisdiction
Long Arm Statute
“Long arm statute in Forum State (whether WM or Bullocks), reaches to the limits of the federal constitution. And therefore whatever satisfies minimum contacts and reasonableness satisfies the long arm statutes”
Substantial, continuous, and systematic contact
o Substantial: revenue generated by the business in the forum state (Daimler)
o Continuous: the length of time doing business in the forum state
o Systematic: method by which the corporation does its business in the forum state
Specific Jdx - Rule
A state can have specific jdx over the D if the claim arises out of or relates to the D’s contacts with the forum state (contact must demonstrate purposeful availment).
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.
BK Factors (Breach of K)
- (1) Prior Negotiations
- (2) Contemplated future consequences: What expectations do the parties have with respect to the contract
- (3) Terms of the contract
- (4) Course of the dealings
Tests for Stream of Commerce/Chain of Distribution/Products Liability
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
Zippo Sliding Scale Test
The Zippos Sliding scale test analyzes web pages on a scale to passive websites (where only info is provided and no interactivity between user and host) to virtual brick and mortar business.
Passive Websites:
For passive websites, there is no purposeful availment because information is just being posted and the activity is specifically aimed to target certain places.
Virtual Brick and Mortar Business:
If the website is a virtual brick and mortar business, then the Defendant is subject to personal jurisdiction in the forum state. (functions as a virtual storefront, offers products for sale, ppl can buy products, it has subscribers from the forum state, marketing products in forum state, completing and conducting transactions to forum state customers, etc)
Gray Zone:
The gray zone is where there is some interactivity between the user and the host. To determine if there is purposeful availment, look at
o (1) the level of interactivity between the user and the host, to see
o (2) whether the interactivity is commercial or noncommercial in nature. (marketing, promoting, selling).
o If it leans commercial, then there is purposeful availment.
Test for Intentional Torts
Calder Effects Test
Calder Effects Test
- D committed intentional act (not accidental)
- Intentional act must have been potentially harmful to the plaintiff
- Targeting element: D knew or should have known that harm to the plaintiff would be centered in the forum state
Reasonableness Factors
- (1) Defendant’s Burden
- Plaintiff’s Interest
- Forum state interest
- Procedural efficiency
- Substantiative interests of the several
