Personal Jurisdiction Flashcards
Territory Principle
every state has jurisdiction of people within its territories
Amenability
whether the defendant is subject to being sued in the forum state
In personam jursidction
typically claims for money or other relief against the person and must be based on personal service on the defendant within the forum state. D does not need to be a resident of the forum state but can be simply passing through.
In personam jursidction
typically claims for money or other relief against the person and must be based on personal service on the defendant within the forum state. D does not need to be a resident of the forum state but can be simply passing through.
in rem jurisdiction
a claim to enforce an interest in property, such as title, leasehold, or easement. It requires that the property be located in the forum
quasi in rem jurisdiction
where defendant has property in the forum state but the claim is unrelated to that property, such as collection on a debt
In personam jurisdiction: judgement
enforceable both in the forum state and anywhere in the US that defendants assets are found. Based on the full faith and credit clause.
in rem jurisdiction: judgement
only enforceable in the forum state
quasi in rem jurisdiction: judgement
enforceable only in the forum state and the value of the property
Traditional Bases of Personal Jurisdiction
residence in the forum, waiver, consent, and being served in the forum
Traditional Bases: Residence in the forum
A state can have jurisdiction over a person even if they are temporarily absent from the state, corporations–principal place of business and incorporation, other entities–usually principal place of business
Traditional Bases: waiver
when served with summons, must object to jurisdiction in a timely manner (must be at the first opportunity). IF counterclaim is filed or no objection is made, then objection is waived
Traditional Basis: consent
Express consent or implied consent
If none of the traditional bases apply, what do you do next?
Move to long arm statute and minimum contacts
Long Arm Statute
a statute that authorizes personal jurisdiction over nonresidents who engage in some activity in the state or cause some action to occur within the state. If they do not apply, then there is no jurisdiction.
Minimum Contacts
Contacts, then fairness
Ways to test for minimum contacts
Specific Jurisdiction or General Jurisdiction
Specific Jurisdiction
Purposeful availment test, foreseeability, reasonable anticipation, and stream of commerce
Purposeful availment test
used the benefits and privileges of the forum state, think intent
Foreseeability
that the contact will find its way into that state and the defendant knew that
Reasonable anticipation
the defendant’s conduct and connect with the forum state are such that he should reasonably anticipate being haled into court there
Stream of commerce
intentionally placing products in the stream of commerce does not necessarily mean intent to go everywhere the stream carries it; additional purposeful availment must be shown
general jurisdiction
continuous and systematic contacts such that defendant is essentially at home in the forum
After proving long arm statute/minimum contacts, then what?
If no contact, no jurisdiction. If there is contact, then run the facts through the five-factor fair play and substantial justice test
Fair play and substantial justice test
- burden on the defendant, plaintiffs interest in convenient and effective relief
- the forum state’s interest, the shared interest of several states in furthering fundamental social policies
- the judicial system’s interest in effective resolution of controversies
Significance of bristol-myers squibb
court found that non-california plaintiffs who used a drug produced by Bristol-Myers could not sue in California because they did not take or buy the drug there. Even though BM had a standard nationwide advertising campaign and the drug was the same across the country, The court determined that the non-California plaintiffs’ claims were unrelated to the contacts that were the basis of the cause of action in California.
How could a business meet the relatedness prong?
advertising, servicing, and otherwise engaging in activity in the forum state
Internet Jurisdiction
Sliding scale—a commercial website through which the merchant conducts business over the Internet with forum residents
