Personal Jurisdiction

Question 1

5 ways to establish PJ?

Answer 1

general jurisdiction, specific jurisdiction, TAG, consent, waiver

Question 2

How to establish specific PJ?

Answer 2

state long-arm statutes, minimum contacts, claim “arises out of, or relates to” contact, reasonableness factors

Question 3

Reasonableness factors

Answer 3

(1) Foreseeability is important (is it foreseeable that D would be sued in the forum?)
(2) If a claim arises out of D’s contacts, a court will very likely conclude that PJ is established even if all reasonableness factors aren’t met
*established by WWVW and Asahi

Question 4

Obtaining PJ through TAG/Transient Jurisdiction

Answer 4

a. Personal service within the forum state counts
b. Corporations
i. NO. Cannot get TAG PJ by serving an officer of a corporation in a specific state.
c. Partnerships
i. YES. Can obtain by serving a partner in a specific state.
d. Exception: doesn’t count if in forum under fraud, duress, or in connection with another piece of litigation

Question 5

Ways to obtain PJ through consent

Answer 5

a. Contract
i. Forum selection clauses (Burger King)
b. Voluntary appearance without objecting to PJ
i. Messing up a special appearance
c. Filing a lawsuit in the forum state consents to counterclaims in that lawsuit
i. Statute (e.g., a condition attached to incorporating or registering to do business in a state)

Question 6

What must the court establish to hear a case?

Answer 6

1. PJ is consistent with Due Process (XIV and V Amendments);
2. State long arm statute authorizes jurisdiction;
3. Notice was given in a manner that reasonably calculated to reach the D; AND
4. Service of process was proper
5. SMJ

Question 7

Is PJ fair or reasonable? 5 factors to assess (only assessed regarding specific in personam)

Answer 7

a. Burden on the D
b. State’s interest in litigating in forum
c. Plaintiff’s interest in litigating in forum (McGee – citizen getting ripped off by out-of-state company)
d. Legal system’s interest in efficiency
e. Shared substantive policies of the states

Question 8

What are the two types of stream of commerce theory?

Answer 8

(1) Brennan’s opinion (pure stream of commerce): There’s availment if you put your product into the stream and reasonably anticipated it would get to the forum
(2) O’Connor (stream of commerce +): you need what Brennan said + an intent to serve the forum state’s market

Question 9

When was the test changed for general PJ?

Answer 9

Goodyear and Daimler: proper only when defendant is “at home” in the forum (where domiciled)

Question 10

Federal long-arm provision (statutory)

Answer 10

1. Rule 4(k)(1)(A): permits a federal court to exercise PJ only if D is subject to jurisdiction of a court with SMJ in the state where the district court is located
   a. Severely limits scope to that of a state court where the fed. court is located
2. 4(k)(1)(c): Fed. Courts may exercise broader jurisdiction when expressly authorized by federal statute (e.g., bankruptcy, antitrust, securities fraud)
3. 4(k)(2): When D is not subject to jurisdiction of any state, apply 5th amendment analysis only
4. 4(k)(1)(b): “Bulge Rule” when D is joined pursuant to Rule 14 (3rd party claim) or 19 (necessary and indispensable parties), she is subject to PJ so long as she’s served within 100 mi. of fed. courthouse

Question 11

How to establish specific in personam jurisdiction?

Answer 11

Enough contact, nexus (connection), reasonableness factors

Question 12

How to establish if nexus/contacts are enough to establish specific in personam jurisdiction?

Answer 12

(1) “but for” test: if defendant’s contact with the forum didn’t occur, the claim wouldn’t have arisen (example: is there a causal connecting between bar’s advertising and Penny’s injuries?)
(2) “evidence” test: if the defendant’s contact with the forum did not occur, the claim would not have arisen (example: ads for bar that say “come get hammered at TJ’s” demonstrate evidence for someone to specifically come and get drunk there)
i. If either test is satisfied, that is enough to establish PJ

Question 13

Constitutional takeaways after WWVW?

Answer 13

After World-Wide, exercise of specific jurisdiction is only constitutional when (1) defendant had purposeful or deliberate contacts with the forum state—not plaintiff, (2) plaintiff’s claim arose out of those contacts, and (3) PJ is reasonable based on a consideration of the factors mentioned above
1. FORESEEABILITY isn’t enough

Question 14

What are the 2 functions of service of process?

Answer 14

(1) asserts court’s authority over defendant and (2) informs defendant of case so she can prepare to defend it (complaint + summons)

Question 15

Constitution (Due Process Clause) puts limits on which types of service are acceptable. Why?

Answer 15

When a court enters a judgment against a defendant, it interferes with defendant’s liberty or property, so it must act in accordance with due process of law in reaching its decision

Question 16

What types of service is authorized under the Constitution?

Answer 16

Service by mail and personal delivery are acceptable but publication is not, unless other means have been attempted and failed first.

Question 17

Waiver of Service

Answer 17

defendant has 60 days to answer instead of 21; service isn’t complete until the waiver is filed (Rule 4(d)(4)); if defendant doesn’t waive service, plaintiff must complete service as usual; defendant’s answer time runs from date of completed service; courts must “tax” costs of service (relatively low)

Question 18

What are the takeaways regarding service from Mullane v. Central Hanover Bank & Trust Co.?

Answer 18

a. Takeaway: Must weigh utility with cost/burden and deprivation/how much is at stake? (serving over 5,000 unknown people via hand-delivery is too much of a burden and cost; someone losing their house is a large deprivation)  ASK: Can the plaintiff, without undue burden, use a more effective type of service than the one in question?
b. Anything touching state courts is subject to the 14th Amendment
c. If a better method is available, use it. Apply common sense principles.

Question 19

Types of contracts that can constitute contact?

Answer 19

(1) “Choice of law” clause
a. When a contract explicitly states where contract disputes will be litigated (Burger King)
b. Can make PJ relevant; it is a factor
(2) “Forum selection” clause
a. Often requires that any dispute arising out of the contract be litigated in a particular state
b. More important than “choice of law” clause
c. Reduces likelihood of litigation over PJ; generally respected by courts if forum is reasonable

Question 20

V Amendment

Answer 20

“nor be deprived of life, liberty, or property without due process of law”

Question 21

XIV Amendment

Answer 21

“not shall any STATE deprive any person of life, liberty, or property without due process of law”

Question 22

What is the best type of service?

Answer 22

In-person service by hand delivery

Question 23

Insufficient service of process means…

Answer 23

something is wrong with the summons

Question 24

Rule 4(m): Federal time limit for service

Answer 24

Defendant must be served within 90 days after the complaint is filed or the court must dismiss the action w/o prejudice OR order that service be completed within a specified time

Question 25

Constitutional limit on personal jurisdiction

Answer 25

“territory of the United States” (not much of a limit!)

Question 26

FRCP 4(k)(1)(A)

Answer 26

grants only as much long arm power to a federal court as the court would have if it were a state court in the same location. Thus, federal courts look to state long-arm statutes and state contacts to decide whether they ave PJ over a defendant

Question 27

What types of national PJ over defendants can federal courts have under 4(k)(1)(c)?

Answer 27

Fed. Courts may exercise broader jurisdiction when expressly authorized by federal statute (e.g., bankruptcy, antitrust, securities fraud)

Question 28

Summary of requirements for personal jurisdiction?

Answer 28

(1) defendant had ENOUGH purposeful contacts with the forum, (2) the claim AROSE OUT OF OR RELATES TO those contacts, and (3) personal jurisdiction is consistent with notions of fair play and substantial justice (REASONABLENESS)

Question 29

Test for venue (§ 1391)

Answer 29

1. Test (b)(1) and (b)(2) first before moving onto (b)(3); (b)(3) is only considered if neither (1) or (2) can be satisfied
   a. (b)(1): Are defendant’s residents of any 1 state? If so, is there any overlap with the districts?
   b. (b)(2): Substantial thing giving this to the claim occurred where? There are two tests for substantial:
   i. Uffner: broad test on chain of events giving rise to the claim
   ii. Woodke: narrow test that focuses on the point in dispute; only the key to the dispute (where contract was formed, not where incident happened)
   c. “If and only if” (1) or (2) aren’t successful, apply (b)(3) (usually applies to foreign residents

Question 30

Can a federal court transfer a case to a state court?

Answer 30

no (but it could remand)

Question 31

Can a federal court transfer a case to a federal court in a different state?

Answer 31

yes

Question 32

When is service complete by waiver?

Answer 32

Once the waiver is filed with the court (4(d)(4))

Question 33

How to serve a corporation, partnership, or unincorporated association?

Answer 33

(1) serve an officer, managing agent, or general agent of entity, (2) delivering papers to an agent authorized by law (Sec. of State), (3) serving process under state rules federal court sits

Question 34

If service is proper but defendant never gets it (i.e., kid intervenes), and the defendant raises an objection, what will judge likely do?

Answer 34

judge will almost always grant relief for defendant.

Question 35

What are the constitutional standards regarding venue?

Answer 35

the Constitution says nothing about venue