Personal Jurisdiction

Question 1

Personal JX - 1. General + 2. Types

Answer 1

Personal JX - 1. General

• Issue - concerns the power of the court to adjudicate the rights and liability of this D
• Questions of PJ always concern the D
• PJ is generally same in federal and state court
  
  • Federal Ct use the long arm statutes of the state in which they sit
  • Long Arm Statute - chief means of asserting PJ over out-of-state D
• Overview - every PJ issue involves two questions:
  
  1. Has the particular basis for exercisisng PJ over an out-of-state D been authorized by statute or by rule of court?
  2. Is the particular basis for exercising PJ permitted by the federal constitution?

Personal JX - 2. Types

1. In Personam - against the person
2. In Rem - against the thing
3. Quasi In Rem - sort of against the thing

Question 2

Personal JX - 3. Constitutional Aspect

Answer 2

Personal JX - 3. Constitutional Aspect (hardly tested)

• Rule - due process requires that there be minimum contacts between the D and the forum state, such that it is consistent with traditional notion of fair play and substnail justice to sue the D here.
• In short, ask is it fair to sue D here?
• Minimum Contact - courts look for a purposeful availment (affirmative act) by the D of the protection of the forum’s law
  
  • contacts between the forum and the P will not sufice

Question 3

Personal JX - 4. Waiver

Answer 3

Personal JX - 4. Waiver

• Unlike SMJ, PJ can be waived
• Rule - D waives any objection to lack of PJ by substantial participation on the merits before raising that objection; must raise objection to PJ at first opportunity
  
  • ​first opportunity - a preanswer motion to dismiss if the D chooses to file one, OR the X if the D chooses not to file a pre-answer motion

Question 4

Personal JX - 5. Federal Exceptions

Answer 4

Personal JX - 5. Federal Exceptions

• General - federal courts follow the PJ law of the state in which they sit
• However, federal courts can assert broader PJ than state courts in the following cases:
  
  • ​when a federal statute (e.g., federal interpleader act) authorizes nationwide service of process; or
  • under the Bulge Provision which allows service anywhere within 100 miles of the federal courthouse,e ven if in another state in two situations:
    
    • for impleading 3rd party D under rule 14 and
    • for joining necessary D under rule 19

Question 5

In Personam JX - 1. General Info

Answer 5

In Personam JX - 1. General Info

• Federal courts follow the personal jurisdiction law of the states in which they sit.
• General in Personam Jurisdiction - the defendant can be sued on any claim whatsoever, even if it is unrelated to the defendant’s contacts with the forum state.
• Specific in Personam Jurisdiction - the long arm statute - only applies when the dispute arises out of that contact with the forum

Question 6

In Personam JX - 2. Bases for General in Personam JX

Answer 6

In Personam JX - 2. Bases for General in Personam JX

a. Physical Presence

• Rule - service of process on the D while he is physically present in the state
• Exception - D was in the state only to answer a summons or was brought there by force/fraud

b. Domicile

c. Consent

• express or implied
• can be given by contract or by appointing an in state agent for receving service of process

d. For a corporation

• the state of incorporation
• the principal place of business

Question 7

In Personam JX - 3. Bases for Specific in Personam Jurisdiction

Answer 7

In Personam JX - 3. Bases for Specific in Personam Jurisdiction

• General
  
  • ​every state has a long arm statute
  • gives court personam jx over out of state D but only applies to the particular transaction in the state - jurisdiction is specific to the in state activity
• Bases for Specific in Personam JX
  
  • ​act or ommission in state causing injury to personal property here or elsewhere
  • act or omission XX the state causing injury to personal property here, provided that D conducted activites here or introduced goods into the flow of commerce
  • claim arising out of a contract to perfom XX in theis stat eor to pay someone in the state to perform services elsewhere
  • claim arising out of contract to XX to or from this tate, or arising out of the shipement of such goods
  • any claim regarding local property
  • any action against a director/officer of a domestic corp
  • any k of isnsurance where P is a resident of this state where the claim arose or the event giving rise to the claim took plac

TL;DR almost everything is covered by a state long arm statute so long as the cliam arises out of the transaction involving that state

Question 8

In Rem Jurisdiction

Answer 8

In Rem Jurisdiction

• applies against any kind of property (real or personal) so long as the property is located in the state (i.e., the state has physical power over the property)
• Quasi-in-Rem JX - tries to use in state property as basis for frocing an out of state defendant to litigate an unrelated claim
  
  • seize the in state property
  • today, quasi in rem is subject to the same minimal contacts test as in personam jurisdiction
  • much less importtant source of jurisdiction

Question 9

Notice and Service of Process

Answer 9

1. In General

• Rule - service of a summons on the D while the D is in the jurisdiction
• Establishes physical presence in the jx and give the D notice of the action
• Personal service is the type of service of process used to assert in personam jx
  
  • should aslo be used in in re and quasi in rem action where the identity of an interested party is known
• Federal rules authorize services in accordance with state law where the fedeeral court sits
• Federal provides their own means for serice of process:
  
  • personal delivery
  • leaving the summons at the defendant’s dwelling with a person of suitable age and discretion
  • delivery of the summons to an authorized agent
  • for persons in foreign countries, service can be made by registered mail, return receipt requested
    
    • usually not accepted unless state law specifically allows it

2. Special Rules for Service of Process

1. Infant - service on the infant and on the parent or guardian
2. Adjudicated Incomptent - service must be made on the incompetent and her guardian
3. Partnership - service on a general partner, attorney in fact, or an authrozed agent
4. Corporation - service on an personal delivery to officer, managaging agent, or agent appointed to resve service of process
5. Non Resident Motorist - claims arising out of in state accidents; state offical is appointed as the agent of the non resident motorist

3. Service of Process for In Rem and Quasi In Rem Action

• Rule - a diligent effort must be made to locate all claimants to the property
• if the claimants cannot be located, then notice by publication is permitted
• notice by publication is not sufficeint if the names and addrsses of the claimant can be discovered with reasonable effect