Personal Jurisdiction

Question 1

Personal jurisdiction is:

Answer 1

The court’s power over the parties. Does the defendant have sufficient contacts with the forum state so that the exercise of personal jurisdiction is fair and reasonable?

Question 2

PJ two-step analysis

Answer 2

(1) PJ must fall within a state statute
(2) PJ must satisfy the Constitution (due process)

The two-step analysis is the same in federal and state court.

Question 3

What is a long arm statute?

Answer 3

Statute that grants it PJ over nonresidents who perform or cause certain things within the state.

Question 4

What is in a long-arm statute?

Answer 4

Each state has one. Some grant state power to the extent of the Constitution. Other states have laundry-list statutes that specify situations in which PJ is statutorily authorized - ex - committing a tort within the state or entering into a contract within the state.

MBE will tell you if the Constitution applies, or, if the state has a list, what is included in the statute’s list.

Question 5

Three factors of Constitutional analysis - Establishing necessary minimum contacts with the forum state

Answer 5

(1) Contact
(2) Relatedness
(3) Fairness

Question 6

Constitutional analysis - Contact, 2 factors

Answer 6

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

We look for (1) purposeful availment and (2) foreseeability.

Question 7

Contact - Purposeful Availment

Answer 7

Defendant’s voluntary act in the forum. Defendant must reach out to the forum, and the contact must result from this targeting of the forum. Defendant does not have to set foot in the forum to purposefully avail, just must cause an effect in the forum.

Question 8

Contact - Purposeful availment examples

Answer 8

(1) Marketing a product in the forum
(2) Using the roads in a forum
(3) establishing a domicile in the forum
(4) traveling in the forum
(5) sending a tortious email into the forum
(6) Maintaining an interactive website within the forum may be sufficient for PJ if the defendant was targeting customers or readers within the forum

Question 9

Contact - Foreseeability

Answer 9

Is it foreseeable that Defendant could be sued in the forum?

Question 10

Constitutional analysis - Relatedness

Answer 10

(If there is arguably a relevant contact)
Does plaintiff’s claim arise from or relate to Defendant’s contact with the forum?

Question 11

PJ depending on Relatedness

Answer 11

If there is relatedness, the case involves “specific PJ.” If there is not relatedness, the case involves “general PJ.”

Question 12

Test for Relateness

Answer 12

Ask: Does Plaintiff’s claim against Defendant “arise out of or relate to” Defendant’s contact with the forum. It clearly arises out of the contact if Defendant’s contact caused the harm to Plaintiff.

If D’s contact did not clearly cause the injury to P, as long as D has substantial contact with forum, relatedness is satisfied if the claim merely relates to D’s contacts with forum.

Question 13

What happens when relatedness is satisfied?

Answer 13

Case will be assessed for specific PJ. Will need to assess whether the exercise of jurisdiction would be fair or reasonable.

Question 14

What happens when relatedness is not satisfied?

Answer 14

Only way to proceed is through general PJ. If general PJ exists, D can be sued in the forum on a claim that arose anywhere in the world. To have general PJ, D must be at home in the forum (state of domicile).

Question 15

At home (re: general PJ)

Answer 15

A defendant is “at home” in a forum state when they are domiciled there.

Regardless of where a claim arises, a defendant can be sued in the state where they are domiciled.

Question 16

Tag jurisdiction (re: general PJ)

Answer 16

If a defendant is domiciled in State 1 but is voluntarily present in State 2 when served for a suit in State 2, D is subject to PJ in State 2 even if they are not domiciled there.

Question 17

Constitutional analysis - Readiness

Answer 17

Whether PJ would be fair (or reasonable) under the circumstances - this is addressed in specific PJ cases only, and not in general PJ.

Question 18

Three factors for readiness (Constitutionality of PJ)

Answer 18

(1) Burden on the defendant and witnesses - Can apply when D can show that forum location puts D at a severe disadvantage in litigation. This is a very difficult burden to meet
(2) State’s interest - Forum state may want to provide a courtroom for its citizens who are allegedly being harmed by out-of-state defendants.
(3) Plaintiff’s interest - Plaintiff is maybe injured in theorem state and/or wants to sue at home.

Question 19

Requirements for in personam jurisdiction - Statutory
- 4 options -

Answer 19

States generally require that defendant:
(1) Is present in the forum state at the time of service
(2) Is domiciled in the forum state
(3) Has given express or implied consent to jurisdiction; OR
(4) Meets the requirements of the forum state’s long arm or other statute