Personal Jurisdiction

Question 1

Rule 4(k)

Answer 1

(1) (A): long-arm statute
(1) (B): 100-Mile Bulge Rule: joined under Rule 14/19 and served not more than 100 miles from place where summons issued.
(1) (C): Federal Statutory Provision
(2) : Alien Provision: claim under federal law against person with no PJ in any state = minimum contacts with U.S.

Question 2

Traditional Bases for PJ

Answer 2

In-State Service: individual real person in state not by fraud
Waiver (voluntary appearance) or Consent (forum-selection clause)
Challenging party is the original plaintiff
Challenging party is individual real person who is state citizen

Question 3

In Rem, Quasi in Rem Type II

Answer 3

Shaffer v. Heitner

• In rem = property means minimum contacts met
• Quasi = property means regular, isolated contact

Question 4

General Jurisdiction

Answer 4

Domicile, Incorporation, Headquarters (PPB)

Question 5

Purposeful Availment

Answer 5

Taken advantage of the benefits and protections of the state. No purposeful availment based on unilateral actions by other parties (World-wide Volkswagen).

Question 6

Intentional Torts

Answer 6

Calder Effects Test: (1) intentional tort (2) aimed at forum state (3) brunt of harm suffered in forum state.

Question 7

Contract-Plus Analysis

Answer 7

Step #1: does D have contractual relationship with forum resident?
Step #2: does that relationship constitute purposeful availment?
–place of negotiation, place of execution, place of performance.

Question 8

Stream of Commerce

Answer 8

Asahi O’Connor: D must have intent to serve forum state
Asahi Brennan: knowledge that product is being marketed in forum state is sufficient
Nicastro Kennedy: agrees with O’Connor. Still no majority.

Question 9

Internet Cases

Answer 9

Young v. New Haven Advocate:

• 4th Circuit: direct electronic activity into forum state, with manifest intent of engaging with state (not enough to put info on the internet).
• 7th Circuit: universal purposeful availment for internet.

Question 10

Reasonableness Factors

Answer 10

(1) Burden on D: impact D’s ability to mount defense
(2) Forum State’s Interest: state policies at stake, state citizens involved
(3) P’s Interest in Relief: P from forum state
(4) Efficiency: witnesses and evidence in forum state
(5) Shared States’ Interest: other states care more