Personal Jurisdiction Flashcards
Basic idea
PJ is about the court’s power over the parties.
Because P filed the case, the court automatically has power over P; P has consented to PJ.
Ask - whether the court has PJ over the D; does the d have sufficient contacts with the forum state so that the exercise of PJ is fair and reasonable.
PJ - Two Step Analysis
The exercise of PJ must fall within a state statute and the exercise of PJ must satisfy the Constitution (due process).
Applying the Analysis
Statutory Step - Each state has a “long arm” statute granting PJ over nonresidents who perform or cause certain things within the state. The statute allows courts to exercise PJ to the full extent of the Constitution.
Constitutional Analysis - Ask: Does the D have such minimum contacts with the forum so jx does not offend traditional notions of fair play and substantial justice? (international shoe)
International Shoe Test
Contact, Relatedness, and Fairness
Contact
There must be relevant “minimum contacts” between the D and the forum state.
Look to purposeful availment and foreseeability
Purposeful Availment
The contact must result from the D’s purposeful availment, that is, from her voluntary act.
Can the D purposefully avail without setting foot in the forum? Yes, by causing an effect int eh forum.
Foreseeability
After finding that the D arguably availed herself of the forum, assess foreseeability
Is it foreseeable that D could be sued in the forum?
Relatedness
Once we conclude there is arguably a relevant contact, we move to relatedness.
For relatedness, ask: Does P’s claim arise from or relate to D’s contact with the forum?
If yes, then the case involves specific jx.
If no, then only way to proceed is if the court has “general PJ.”
How to Test for Relatedness
Whether P’s claim against D “arises out of or relates to” D’s contact with the forum.
It clearly arises out of the contact if D’s contact caused the harm to P.
If D’s contact did not clearly cause the injury to the P, relatedness is still satisfied if D has substantial contact state and the claim merely relates tot D’s contacts with the forum.
What happens if relatedness is satisfied/not satisfied?
If the arise out of or relate to test is satisfied, the case will be assessed for Specific PJ.
If the arise out of or relate to test is not satisfied, the only way to proceed is with general PJ. If general PJ exists, D can be sued in the forum on a claim that arose anywhere in the world.
General PJ
To have general PJ, the D either must be at home in the forum or must have registered to do business in the state and have appointed an agent for service of process there.
Served with process in the state
If D is served with process in the state, then the court will have general jx over the D.
Where is a corporation subject to general PJ?
In any state that allows PJ to be exercised on registration with the state.
Failing that, the company must be “at home” in the forum.
A corporation is at home in: 1. the state in which it is incorporated; and 2. the state in which it has its PPB
Fairness (Specific PJ Only)
For fairness, we assess whether PJ would be fair (or reasonable) under the circumstances.
The fairness factors are addressed in specific PJ cases only.
In a specific PJ case, we look to the following to determine if PJ is fair -
- Burden on the D and witnesses (can D show burden? $$ doesn’t matter.
- State’s Interest (forum state may want to provide a courtroom for its citizens who are allegedly being harmed by out-of-state D).
- P’s Interest (P may be injured in the forum state and/or wants to sue at home)
Summary of the Constitutional Test for PJ
Contact - purposeful availment and foreseeability;
Relatedness (arises out of or is related to test) - determines whether jx will be based on general PJ or specific general PJ; and
Fairness (specific PJ only) - Burden/Convenience, state’s interest, and P’s interest.
