Personal Jurisdiction Flashcards
In personum jurisdiction
Within the boundaries of the state
Scalia- no need to look @ min. Contacts bc met through presence
Brennan- apply is test to individuals served within state
Pure in rem
Action commence against property to determine ownership
Quasi in rem
Attach property to lawsuit, only damages is price of property
Schaffer and in rem
Minimum contacts needed for in rem unrelated to COA
Stevens and Brennan - real property may be enough
- volitional act enough - reasonable to make owner amenable to suit when they have voluntarily place property in state (Feder v. Turkish air)
Expanded basis for PJ from shoe
- Citizen/domiciled in state but absent
- possessions in state and plan 2 stay (Blackmer)
- Status of a citizen towards non-resident marriage
- Appointment of agent in state
- Entity created in state
- Consent/waiver to suit
IS prongs
- Does D have min. Contacts with state
2. Is it reasonable to assert jurisdiction
Purposeful availment
D reached out in a way that affords them the benefits an protections of states laws
1. Using the law for any suits in a contract
2. Shipping widget directly to customer in forum
3. NOT simply letting daughter go to another state(kulko)
4. Not selling product in a state and having it travel to another
4.
Brennan stream of commerce
Min contacts met if you put in stream and can reasonably anticipate that it will end up there
O’Connor/Kennedy stream of commerce
Reasonably anticipate AND something more
- customer service,advertising, marketing, salespeople, designing for that market
Ginsberg Stream of commerce
Targeting US means contacts in any state you can reasonably expect to be amenable to suit then look at fairness and reasonableness factors
Breyer stream of commerce
Indirect with something more enough
I.e. selling through amazon enough
Foreseeability
IS requires D must know or reasonably anticipate their activities in forum make them amenable to suit
Portable tort
No, wwvw
Fairness and reasonableness factors
- Burden for D
- Ps interest in obtaining reliefs in forum chosen
- Forum states interest
- Efficiency
- Shared substantive policy
General jurisdiction
Need substantial contact/ continuous and systematic …need to be at home
- Place of incorporation
- Principal place of business
- Major facility like a manufacturing plant
- Not just mere purchases, minor sales, training employees