Personal Jurisdiction Flashcards
What is the analysis for personal jurisdiction in Virginia?
Same as federal court
* (1) Does VA statutorily authorize the exercise of personal jurisdiction; and (2) does the exercise of personal jurisdiction comport with the Constitution?
What are the statutory bases of in personam general jurisdiction in Virginia?
(1) Service of process in Virginia (“Tag”)
(2) D domiciled in VA
What are the statutory bases for in personam specific jurisdiction in Virginia?
(1) Long-Arm Statute
(2) Nonresident Motorist Act
* Note that this will also generally satisfy one of the long-arm statute options, so analyze both
What are the bases for personal jurisdiction under Virginia’s long arm statute?
(1) Causes tortious injury in Virginia by Act or Omission in Virginia
(2) Causes tortious injury in Virginia by Act or Omission OUT of Virginia
* Can sue in VA if D (1) regularly does or solicits business in VA or (2) engages in any other persistent course of conduct from which it derivces substantial revenue from goods used in VA
(3) Contracts to supply services or things in Virginia
(4) Relates to realty
* If D has an interest in, uses, or possesses realty in VA (i.e., broader than just “owning”)
(5) Transacts any business in VA (“single transaction” state)
(6) Causing injury in VA by breach of warranty where sale was out of state
* OK if: (a) seller could reasonably foresee effect in VA and (b) seller regularly does or solicits business in VA or derives substantial revenue from goods consumed in VA
(7) Domstic relations cases
* Maintaining matrimonial domicile in VA at time the claim for divorce or separate maintenance arose or at the time of separation or time suit is filed supports PJ
When is the exercise of PJ proper under NRMA?
When an owner or operator of motor vehicle is involved in an accident in VA (will also satisfy causing tortious injury in VA by act or omission in VA for long-arm)
