Personal Jurisdiction Flashcards
What is personal jurisdiction in GA
personal jurisdiction is the power of the GA courts over the defendants or property
Georgia courts will have personal jurisdiction over a defendant if two things are true:
1) A GA law grants personal jurisdiction; and
2) the GA law is constitutional
Four Basis of Personal Jurisdiction In GA
1) Presence
2) Waiver
3) Business entity being organized in GA
4) Long Arm Statute
Physical Presence basis for PJ
For an individual, physical presence in Georgia either by domicile or by being served with process while in GA gives rise to personal jurisdiction (General)
For service of process, the presence in GA must be knowing and voluntary.
Consent by Waiver basis for PJ
Objections to personal jurisdiction may be waived and consented to either by express consent or implied consent
Express Consent to PJ
Express consent means having a contract term agreeing to litigate in a particular state or personal jurisdiction is otherwise expressly consented to
However, there is not express consent in GA in advance of the lawsuit
BUT, Georgia courts will enforce a valid forum selection clause that names a state other than Georgia as the forum
Implied Consent to PJ
implied consent means failing to object to the exercise of personal jurisdiction in the first response or complaint within the 30 days of service of process
The plaintiff consents to personal jurisdiction by filing suit
Personal Jurisdiction Over Businesses
A business is subject to general personal jurisdiction in GA if it is organized under the laws of GA or it has registered to do business in GA
Rejection of Fiduciary Shield Doctrine
The fiduciary Shield doctrine holds that a nonresident individual cannot be subject to personal jurisdiction in a state based solely on acts taken in corporate capacity
In Georgia, an employee of a corporation that is subject to personal jurisdiction in the State’s courts may be subject to personal jurisdiction if he was the primary participant in the activities that form the basis of personal jurisdiction over the corporation
Effect of Judgment Against Business
A judgment over a corporation with valid personal jurisdiction will be satisfied from the business’s assets, but no the individual members unless they are properly sued individually
Long Arm Statute
The long arm statute grants GA courts personal jurisdiction over nonresidents for claims arising from certain acts or omissions in GA
NON RESIDENT - a defendant is deemed a nonresident if she did not reside in GA either (1) when the act or omission occurred, or (2) when she was served with process
LIMIT
The GA long arm statute grants personal jurisdiction in the following circumstances
LAND: personal jurisdiction is granted over a defendant who owns, uses, or possesses land in GA related to the suit
INJURY: personal jurisdiction is granted over a defendant when (1) an injury results from the defendant committing a tort in GA; or
(2) an injury results in GA from a defendant’s tort committed outside of GA If the defendant also (a) does regular business in GA, (b) engages in a persistent course of conduct with GA, or (c) derives substantial revenue from goods used or consumed in GA
MATRIMONY: personal jurisdiction is granted where there is an action for (a) child support, (b) alimony, or (c) divorce against a defendant who is domiciled in GA before the action is filed
INSURANCE K: personal jurisdiction is granted over a defendant who enters a contract for risk located in GA from which the lawsuit derives
TRANSACTION OF BUSINESS: personal jurisdiction is granted over a defendant when a contract was negotiated, made, or to be performed in GA from which the lawsuit derives
Nonresident Motorist Act
The nonresident motorist act provides for personal jurisdictions over nonresidents who operate a motor vehicle in GA, but only for claims arising from their ownership or operation of the vehicle
DEFINITION OF NONRESIDENT - for the act to apply, the defendant must not reside in GA at the time of the accident (narrower than long arm statute)
Constitutionality
Remember to analyze constitutionality after the GA statute - same analysis as federal court
