Personal Jurisdiction

Question 1

What are the 3 traditional bases for exercising pj over a d? (relating to D’s status)

What are the 3 ways to get specific pj? (relating to claim)

Answer 1

1) presence when process served
2) domicile at time serving process
3) be doing business in ny such that you are ‘at home’

1) Long-arm jurisdiction
2) Non resident motorist statute.
3) Consent.

Question 2

What is the at home test?

Answer 2

You must be incorporated in ny, have your PPB or some narrow exceptional circumstances

Question 3

What if the 3 traditional bases are not met?

Answer 3

The long arm statute may be able to give you long arm jurisdiction over the defendant as long as its constitutional

Question 4

What makes an exercise of long arm jurisdiction constitutional?

Answer 4

1) there are purposeful minimum contacts with New York;
2) these make the exercising of long arm jurisdiction fair and reasonable; and
3) d must reasonably anticipate that conduct would cause it to go before ny court

Question 5

What are the 5 categories of long arm jurisdiction?

Answer 5

Claim arises from:

1) d’s transaction of business in ny (including telephone, email projection)
2) contract elsewhere to provide goods/services in ny that are economically significant
3) d’s tortuous act in ny (excluding defamation that must be related to business transaction in ny and cannot be isolated.
4) d’s tortuous act outside ny causing injury in ny
5) d’s ownership, use or connection to real property, (slip fall in your building)

Question 6

For the tortuous act outside ny causing injury in New York, what connections must be present? 3 factors to consider

Answer 6

1) the business has to engage in a persistent course of conduct
2) the d has to derive substantial revenue from goods used/consumed/services rendered
3) d expects or reasonably expects tortious act to have consequences in ny and derives substantial revenue from interstate commerce (not defamation)

Question 7

What is the non resident motorist statute?

Answer 7

Pj over accident claim arising from non domiciliary motorists ownership/ use on ny roadway.

You serve process on them by certified mail and serve ny ss.
Owner who gave permission is also liable

Question 8

For a court to exercise jurisdiction over a defendant what must there be?

Answer 8

A traditional basis for exercising pj over defendant

Question 9

What does having personal jurisdiction enable?

Answer 9

Enables judgment for money damages to be enforced in full