Personal Jurisdiction

Question 1

Standard for PJ over D

Answer 1

Does D have sufficient contacts with the forum state so that the exercise of PJ is fair and reasonable?

Question 2

Steps for determining PJ

Answer 2

1) exercise of PJ must fall w/i state statute; and 2) must satisfy DPC

Question 3

Constitutional (DPC) analysis for PJ:

Answer 3

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

Question 4

Factors considered under PJ Constitutional analysis:

Answer 4

Contact, relatedness, fairness

Question 5

Factors for contact:

Answer 5

1) Purposeful availment (D must reach out to forum AND contact must result from this targeting); and 2) Foreseeability (foreseeable that D could be sured here?)

Question 6

Test for relatedness:

Answer 6

Did P’s claims against D arise out of or relate to D’s contact with forum?

Question 7

What if relatedness not satisfied?

Answer 7

GJ must exist; D must either be at home (domiciled) in forum OR must be registered to do business in state and have appointed agent for service OR D must be served in forum

Question 8

Where is a corporation “at home” for PJ purposes?

Answer 8

1) State where incorporated; and 2) state where PPB located

Question 9

Fairness factors:

Answer 9

1) Burden on D/witnesses; 2) state’s interest; 3) P’s interest (BUT remember fairness only applies to Specific Jurisdiction!)