Personal Jurisdiction

Question 1

Personal jurisdiction (“PJ”) is about the court’s power
over:

Answer 1

a defendant or a particular item of property.

Question 2

There is a two part analysis to determining personal jurisdiction. It is:

Answer 2

1. The jurisdiction must satisfy the Virginia long-arm statute AND
2. Satisfy the Constitution (Due Process).

Question 3

The Virginia long-arm statute includes someone who:

(outline)

Answer 3

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1. Causes tortious injury instate by act or omission instate
2. Causes tortious injury instate by act or omission out of state
3. Contracts to supply services or things in Virginia
4. Has an interest in, uses or possesses realty in Virginia
5. Transacts any business in Virginia
6. Causing injury in Virginia by breach of warranty where sale was out of state.
7. Domestic relations

Question 4

Personal jurisdiction analysis is the same in…

Answer 4

federal and state court. So whether a federal court in State X has PJ
over D is assessed exactly the same way as whether a
state court in State X would have PJ. No difference.

Question 5

What must we ask to satisfy the constitutional requirement for personal jurisdiction?

(outline)

Answer 5

Does the defendant have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice?

Question 6

What are the three elements for satisfaction of minimum contacts?

(outline)

Answer 6

1. Contact
2. Relatedness, and
3. Fairness.

Question 7

For contact to be satisfied, there must be…

​(outline)

Answer 7

relevant contact between the defendant and the forum state.

Question 8

What are the two factors assessing contact?

​(outline)

Answer 8

1. Purposeful Availment
2. Foreseeability

Question 9

What is purposeful availment?

(outline)

Answer 9

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Purposeful availment is when the defendant:

• purposefully availed herself of the privilege of
• conducting activities in the forum state, thus
• invoking the benefits and protections of its laws.

Question 10

What are some examples of purposeful availment?

(outline)

Answer 10

(1) Marketing a product in the forum;
(2) using the roads in the forum;
(3) establishing domicile in the forum;
(4) travelling in the forum;
(5) sending a tortious e-mail into the forum.

Question 11

A defendant (can/cannot) purposefully avail without setting foot in the forum.

(outline)

Answer 11

can

Question 12

In order to meet the foreseeability requirement, the defendant must:

​(outline)

Answer 12

know or reasonably anticipate that her activities in the forum state render it foreseeable that she may be haled into court there.

Question 13

With regards to relatedness, we ask:

​(outline)

Answer 13

Whether the claim is related to the defendant’s contacts with the forum.

Question 14

There are two types of relatedness. They are:

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Answer 14

General and specific.

Question 15

What is general relatedness?

​(outline)

Answer 15

When the defendant is “at home” in the jursdiction.

Question 16

Defendants are “at home” when they are in…

​(outline)

Answer 16

their domiciled state.

Question 17

Corporations are “at home” in…

​(outline)

Answer 17

the state in which it was incorporated and the state in which it has its principal place of business.

Question 18

If a court exercises general relatedness, the plaintiff has the ability to sue the defendant there regarding…

​(outline)

Answer 18

any claim that arose anywhere in the world.

Question 19

Where else may a corporation be deemed to be “at home”?

​(outline)

Answer 19

every state in which the company’s activity is so systematic and continuous that the company is at home in the forum.

Question 20

When does specific relatedness (usually called specific jurisdiction) occur?

​(outline)

Answer 20

When the claim is related to the defendant’s contacts with the forum state.

Question 21

If a claim is specifically related, then the plaintiff may sue the defendant regarding:

​(outline)

Answer 21

the claims which arose out of that contact.

Question 22

The fairness factor is only assessed in cases where…

​(outline)

Answer 22

specific relatedness is the basis for jurisdiction.

Question 23

How does one determine the fairness factor?

​(outline)

Answer 23

1. Burden on D and witnesses.
   
   1. Even if the forum is not convenient for D, the forum is OK unless it puts her at a severe disadvantage in the litigation. (very difficult burden. wealth of the parties is not determinative).
2. State’s interest
   
   1. (The forum state may want to provide a courtroom for its citizens, who are allegedly being harmed by out-of-staters.)
3. Plaintiff’s interest
   
   1. Plaintiff may be injured and wants to sue at home.