Personal Jurisdiction

Question 1

Basic Idea

Answer 1

Personal Jurisdiction is about the court’s power over parties, particularly the defendant

Question 2

Two-Step Analysis

Answer 2

1. Satisfy a State Statute (Long arm statute) AND
2. Satisfy the Constitution (Due Process Clause of the 14th)

Question 3

Statutory Step

Answer 3

Each state is free to have its own statutes for in personam jurisdiction. In most states states, the statute reaches the full extent of the Constitution, so the statutory grant is the same as the constitutional test –> JUST NEED TO MENTION

Question 4

Two Forms of Personal Jurisdiction

Answer 4

General and Specific

Question 5

General Jurisdiction - Individual

Answer 5

Domiciled in NY or personally served in NY

Question 6

General Jurisdiction - Corporation

Answer 6

Incorporated in the State or Principal Place on Biz (HQ) in State

Question 7

Specific Jurisdiction - Two-Part Test

Answer 7

1. Minimum Contacts
2. Fairness Factors

Question 8

Minimum Contacts: Two-Part Test (Need Both) - Actual Test

Answer 8

1. Defendant has purposely availed itself of the benefits of the forum
2. Plaintiff’s claims arise from or relate to Defendant’s purposeful availment

Question 9

Fairness Factors (3)

Answer 9

1. State Interest
2. Interest on Plaintiff
3. Interest on Defendant / Witness

Question 10

Minimum Contacts: MBE Verbiage

Answer 10

1. Purposeful Availment: D must reach out to the forum resulting from his targeting of the forum (obtain benefit)
2. Foreseeability: It must be foreseeable that D could get sued in the forum

Question 11

Relatedness: MBE Verbiage

Answer 11

Once we have concluded the D had purposely availed themselves of the benefits of the forum, ask, “Did P’s claim arise from D’s purposeful availment?”

Question 12

Do you assess fairness factors if you have general jurisdiction?

Answer 12

NO, only Specific Jurisdiction

Question 13

Fairness Factor - Burden on D and Witness (Question and Answer)

Answer 13

Does due process guarantee that the suit will be in the most convenient forum for D?

Hard to show and doesn’t really matter. The forum is constitutionally OK unless D can show that it puts her at a SEVERE DISADVANTAGE IN THE LITIGATION. Very hard to show because the relative wealth of the parties is NOT determinative.

Question 14

Fairness Factor - State’s Interest (Must Mention)

Answer 14

The forum state may want to provide a courtroom for its citizens, who are allegedly being harmed by out-of-states

Question 15

Fairness Factor - Plaintiff’s Interest

Answer 15

Maybe injured and wants to sue at home