Personal jurisdiction

Question 1

Personal jurisdiction

Answer 1

PJ focuses on the STATE WHERE THE SUIT HAS BEEN FILED.
Two step analysis:

Step 1: LOOK AT STATE LAW. Could state court in that state assert PJ over the party? If so, step 1 is satisfied
- look at e.g. long arm statute

Step 2: look at 14A to see if long-arm constitutional as-applied. PJ: Rarely Causes Severe Mental Anguish RCSMA

• Residency: if a party is a resident in forum, PJ is constitutional
• Consent/waiver: if party consents to forum, PJ constitutional
• Service: if party served while in the forum, PJ constitutional
• Minimum Contacts: D has min contacts w forum, claim arises from contacts, and PJ won’t offend fair play and substantial justice, PJ constitutional
• At Home: if D’s contacts w forum are so substantial that it’s essentially at home there, PJ constitutional

Question 2

Venue

Answer 2

Where WITHIN the forum state can the case be filed?
(Tip: if a question says “district” it is likely about venue)

Residency: if all DFTs reside in same state, venue OK where any single DFT resides

Location of events: venue OK where a substantial part of events occurred or substantial part of relevant property situated. If DFTs in multiple states, this is always the right one

Gap filler: ONLY if neither of the above apply, venue OK in any venue where any D would be subject to PJ

Question 3

Transferring venue

Answer 3

Transferring case from one federal court to a different one

Mostly about convenience. CAN transfer venue to any venue where the case could be properly filed, if necessary for the convenience of parties/witnesses

If all parties join the transfer request, court need not consider PJ or venue at all (consent)

If case was filed in an improper venue, court can transfer to a proper one if it’s in the interests of justice (they could also simply dismiss)

If the most convenient venue is OUTSIDE THE COUNTRY, the court cannot transfer there, but CAN dismiss without prejudice to allow refiling abroad