personal jurisdiction

Question 1

what are the 5 ways to achieve personal jurisdiction over a defendant

Answer 1

1. service of process on D or his agent
2. service of process on attorney at law
3. domiciled in the state
4. consent to jurisdiction
5. long-arm jurisdiction

Question 2

service of process on D or his agent

who does the SOS appoint an agent for

Answer 2

1. nonresident motor vehicle operators on La. roads
2. nonresident operators of watercraft in La.
3. foreign or alien insurers transacting business in La. w/o certification of authentication

Question 3

consent to jurisdiction

how does a defendant consent to personal jurisdiction

Answer 3

1. explicitly: D can submit to court’s jurisdiction (e.g., filing a pleading)
2. implicitly: failure to file a declinatory lack of exception of PJ

Question 4

long-arm jurisdiction

what’s the general concept

Answer 4

long-arm jurisdiction authorizes PJ over nonresidents based on certain acts or omissions in La.

Question 5

long-arm jurisdiction

how does a court exercise specific personal jurisdiction over a defendant with a contractual cause of action

Answer 5

1. transacting any business in La.
2. contracting to supply services or things in La.

Question 6

long-arm jurisdiction

how does the court exercise specific personal jurisdiction with a tort-based cause of action

Answer 6

1. causing injury or damage by an offense or quasi-offense committed by an act or omission in La
2. causing injury or damage by an offense or quasi-offense outside La. if nonresident regularly does or solicits business in La., engages in other persistent course of conduct in La., or derives substantial revenue from La.

Question 7

long-arm jurisdiction

how does a court have specific personal jurisdiction over a defendant in relation to immovable property

Answer 7

defendant has an interest in, using, or possessing a real right in immovable property in La.

Question 8

long-arm jurisdiction

how does a court have specific personal jurisdiction through a products liability action

Answer 8

manufacturer of product/component part which caused damage in la., if at the time of placing in the stream of commerce, manufacturer could have foreseen the product would eventually wind up in La.

Question 9

long-arm

what are the constitutional limitations of exercising long-arm personal jurisdiction

Answer 9

due process requires that for a nonresident to be subject to PJ, the defendant must have certain minimum contacts with the forum state such that maintenance of the suit does not offend traditional notions of fair play and justice

Question 10

long-arm jurisdiction

what is the first prong of the due process test

Answer 10

plaintiff bears the burden of proof to show that the defendant had minimum contacts with the forum state; plaintiff must show that defendant purposefully directed activity towards the state by soliciting business

Question 11

long-arm jurisdiction

what is the second prong of the due process test

Answer 11

defendant must show that assertion of jurisdiction would be unfair

Question 12

long-arm jurisdiction

what are the factors that are considered for the second prong of the due process test

Answer 12

1. the burden on D
2. the state’s interest in the dispute
3. the plaintiff’s interest in obtaining relief
4. the judicial system’s interst in efficient resolution
5. the state’s interest in substantive social policies