Personal Jurisdiction Flashcards
1
Q
The Bulge Provision
A
- only applies to: a third-party defendant joined under Rule 14 or a required party joined under Rule 19
- provides for service of process on a party within 100 miles of the forum court even if state law would not otherwise permit such service –> personal jurisdiction
2
Q
When is there general jurisdiction?
A
If D has continuous and systematic contacts with the state
3
Q
Long-arm statute / Constitutional Due Process Clause - Fairness requirements
A
- forum’s state interest in having the lawsuit there
- burden on defendant (traveling interstate, but easier for business)
- interest of judicial system
- shared interests of states
4
Q
What are the traditional bases for personal jurisdiction?
A
- domicile in forum state
- proper service of process while voluntarily present in forum state
- consent
5
Q
What are the Constitutional Due Process requirements for personal jurisdiction?
A
sufficient minimum contacts and fairness