Personal Jurisdiction

Question 1

General Jurisdiction

Answer 1

A. General Jurisdiction: if the ∆ is served with process in SC, then SC has jx over the following claims (even if claims have nothing to do w/ ∆ being in SC):

1. ∆ is domiciled in SC
2. ∆ corporation of LLC is organized under SC law
3. ∆ either does business or maintains its PPB in SC

Question 2

Long-Arm Statute

Answer 2

B. Specific Jurisdiction: get PJ over ∆’s outside the state when action arises from the ∆ or his agent:

1. transacting any business in SC
2. contracting to supply services or things in SC
3. contracting to insure any person, property or risk located in SC at the time of contracting
4. entry into a K to be performed in whole or in party in SC
5. committing a tortuous act in SC
6. Causing tortuous injury in SC by an act or omission outside the state IF the ∆

a) regularly does or solicits business in SC
b) engages in any persistent course of conduct in SC or
c) derives substantial revenue from goods used or consumed or services rendered in SC

7. having an interest in, using, or possessing real property in SC
8. production, manufacture, or distribution of goods with the reasonable expectation that those goods are to be used or consumed in SC and are so used or consumed

I. South Carolina Long-Arm Statute: extends SC’s PJ to the limits allowed by due process

Question 3

Door Closing Statute

Answer 3

C. Door Closing Statute: SC courts are closed to claims by non-residents against non-SC corporations when the claim did not arise in or concern property in the state

Question 4

Federal Due Process

Answer 4

Federal Due Process: does the ∆ have certain minimum contacts with the forum state such that the exercise of jx does not offend traditional notions of fair play and substantial justice?

Question 5

Contacts

Answer 5

A. Contacts

1. Purposeful Availment: ∆ created some connection with SC to derive some benefit from SC
2. Relationship between the contacts & the COA
3. Foreseeability
4. In-state service on the ∆ satisfies due process→ don’t have to go through contacts analysis

Question 6

Fairness

Answer 6

B. Fairness: Balance/weigh factors

1. Burden on the ∆
2. Interest of the forum state
3. π’s interest in litigating in this forum

Question 7

Specific Jurisdiction

Answer 7

5. Specific jx: when the action arises from the ∆’s contacts with the forum state, the state may have jx over the ∆ even though the ∆ has few contacts with that state.

Question 8

General Jurisdiction

Answer 8

6. General jx: when the ∆ has substantial on-going contacts w/ forum state the state may have general jx even for actions unrelated to the ∆’s contacts with that state→enough contacts that you’re considered to be at home in the state