Personal Jurisdiction Flashcards
Constitutional analysis question
Does D have “such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice?”
Cases when PJ is clearly constitutional
D is: 1) domiciled in the forum; 2) consents; 3) is voluntarily present in the forum when served with process
Factors for constitutional PJ
Contact-Relatedness-Fairness
PJ Contact Factors
1) Purposeful availment: The contact must result from D’s voluntary act (reaching out to the forum; not accidental). The D purposely availed himself “of the privilege of conducting activities in the forum state, thus invoking the benefits and protections of its laws.”;
2) Foreseeability: D must know or reasonably anticipate that he could be haled into court in the forum.
PJ Relatedness
Does the plaintiff’s claim arise form the defendant’s contact with the forum? If so, court more likely to find specific jurisdiction is fair and reasonable.
Specific Versus General Personal Jurisdiction
Claim arises from D’s contact with the forum (specific)
D is “at home” in the forum and claim arose anywhere in the world (general)
Where is D “at home” for general jurisdiction? Corporation v. Human distinction.
Human: where domiciled
Corporation: where incorporated and personal place of business (PPB). Systematic and continuous activity in forum (need physical presence, not just purchases or sales).
PJ Fairness Factors
1) Burden on D and witnesses–no need for most convenient forum, must show location puts him at a severe disadvantage in the litigation. (Difficult burden because relative wealth of the parties is not determinative.)
2) State’s interest: the forum state may want to provide a courtroom for its citizens, who are allegedly being harmed by out-of-staters (see if P is a citizen of the forum)
3) Plaintiff’s interest: may be injured and wants to sue at home, obtaining convenient and effective relief
4) interstate judicial system’s interest in efficiency
5) shared interest of the states in furthering substantive social policies
In rem jurisdiction
power is not over D but over D’s property in the forum, which must be attached by the court at the outset of the case. D’s contacts with the forum must meet the constitutional test for in personam. Look for condemnation, title registration, distribution of estate assets.
Persons whose interests are affected and whose addresses are known must at least be notified by ordinary mail
Stream of Commerce Cases
PJ over the D if the defendant, in addition to placing the product in the stream of commerce, does some other act to show its intent to serve a particular state
Internet Cases
Maintaining a passive website without more activity in the forum is insufficient for general jurisdiction, but sufficient for specific jurisdiction if the D is targeting readers in the forum.
Maintaining an active website may be sufficient for general jurisdiction if the D is conducting significant business in the jurisdiction such that it is “essentially at home” there.
Notice
Due process requirement that a reasonable method be used to notify the defendant of a pending lawsuit so that she may have an opportunity to appear and be heard
Notice for cases involving multiple or unknown parties
Best practical means of notice available must be used. If certified mail, and mail is returned as unclaimed, plaintiff cannot proceed in the face of such knowledge when other practicable means exist to serve the D.
Quasi in rem actions
Two types:
1) disputes between parties over their rights in property within the state
2) disputes unrelated to the property
Must have MINIMUM CONTACTS for both.a
