Personal Jurisdiction Flashcards
Personal Jurisdiction
Can ▵ be sued in the forum state?
- Standard is the same for Fed. & St. Ct
The first question a federal court must ask when considering personal jurisdiction?
If the state court could assert personal jurisdiction
- If yes, then the federal court may do so as well
If the state court in which the federal court sits can assert personal juris., then the federal const. authorizes personal juris. in what 5 circumstances?
Parties have:
- Residency
- Give Consent
- Received Service
- Have min. contacts OR
- Have subst. bus. with the state
3 Questions for Personal Jurisdiction
3 Questions for Personal Jurisdiction:
- Is there a traditional basis for PJ?
- Is jurisdiction based on a long arm statute ?
- If asked about Long arm statute, does it apply? Is it constitutional?
What are the types of Personal Jurisdiction?
- In Personam - Power over the particular ▵
- In Rem - Power over the piece of property within the state
- Quasi-in-Rem - Power over person’s interest in prop. (use when can’t get power over person)
- International shoe test required
- Minimum Contacts + Fairness
- International shoe test required
When is residency satisfied for personal jurisdiction ?
When the party is a resident in the state where the lawsuit is being filed
- Residency is where the party currently lives
Traditional Tests for Personal Jurisdiction
Most states have statutes that grant a court PJ based on:
- Physical Presence in the state at the time of personal service
- D domiciled in the forum state
- Consent
Physical Presence in the state at the time of personal service
Transient Presence OK - Service of non resident as she passes through forum state
- Exceptions:
- Fraud or Force - Can’t be tricked into coming into the forum state
- Immunity from PJ - if in forum state as a Party or witness to another judicial proceeding
Defendant Domiciled in the Forum State
Individuals
- Physical Presence &
- Intent to remain (Deals with pers. not currently present in forum)
Corporation - PJ if incorporated in the forum state
Consent
Express Consent - Waiving Jurisdictional objections or agree to by K
- Exception
- Special Appearance - ▵ appears only to challenge PJ is NOT Consent
Implied Consent (Long Arm Statute) - Statute confers PJ over specific classes of ▵s in particular circumstances
In what 3 ways can consent to personal jurisdiction occur?
- Appearance - When a party appears in court w/out objecting to pers. juris. in their initial filing or appearance
- Contract Signed - Signed K containing choice of forum clause
- Appointment - Party is an appointed agent in the state where it is filed
Modern Test for Personal Jurisdiction
Constitutional Limitations on Personal Jurisdiction:
- Statutory Authority (Long Arm Statutes) - Specifies when the state ct. can exercise PJ over a ▵
- Does this particular long arm statute reach this particular ▵ ?
Long Arm Statute Due Process Requirements
- Minimum Contacts - Must be a relevant connection between ▵ & forum state AND
- Test - ▵ must have certain min. contacts with the forum state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice
- D’s contacts with the Forum State must be purposeful and substantial (purposeful availment)
- Foreseeability - Must be foreseeable that Defendant would be sued in the forum state
Purposeful Availment
Has ▵ purposefully Availed herself to the benefits & protections of the Forum st. (Accidental contacts NOT sufficient)
Purposeful Availment - Stream of Commerce Cases
Stream of Commerce Cases: Courts split as to what constitutes PA
- Asahi Metal Industry Co v. Superior Ct - Split
- placing product in stream of commerce with expectation that it would be purchased by consumers in the forum st. is sufficient
- Add. conduct directed at the forum is also required (Split allows lower ct. & st. ct. to choose which approach to adopt.
J. McIntyre Machinery v. Nicastro
- ▵ needs to target the forum state
- A single isolated sale is not sufficient
- Intent to serve U.S. as single nation is sufficient
Fair Play & Substantial Justice
- Relatedness of Contact & Claim AND
- Reasonableness of Jurisdiction: (Think about these in determining “at home”)
When does a defendant have minimum contacts in a particular state?
- He caused harm in the state
- He does business in the state OR
- He has an interest in real prop. in the state
Relatedness of Contact & Claim
Related - Specific PJ
- Claim arises out of ▵s contact w/ forum, ct likely has PJ over ▵
Unrelated - General PJ - Claim doesn’t arise out of ▵s conduct w/ forum, st. threshold for minimum contacts is higher
- Systematic & Continuous Contacts - This use to be the standard
- ▵ feels at home - GPJ only exists if the ▵ feels at home in forum
- Corps feel “at home” in the state it is incorporated & PPB (Does great deal of bus)
Reasonableness of Jurisdiction
Reasonableness of Jurisdiction: (Think about these in determining “at home”)
- Burden on ▵ - Is the forum unconstitutional
- ∏ interest in Obtaining relief - Can she get relief in another forum
- Interest of forum state in providing a forum for its residents & protecting their health & safety
Notice & Opportunity to be heard
▵ must be given reasonable notice (actually calculated to give ▵ actual notice)
Notice and Opportunity to be heard - How?
- Personal Service
- Substitute Service
- Service on Agent of ▵ Authorized to receive service of process
- Service by Publication
- State Law Methods
Can Defendant waive formal process?
▵ Waives right to formal process by Mail - Notice is mailed 1st class w/ prepaid postage to ▵ & ▵ returns waiver w/in 30 days
- Incentives for ▵
- More time to answer - 60 NOT 21 days
Only waives formal service of process NOT giving up any material objections ▵ may have to venue or jurisdiction
What is the effect if Defendant fails to waive formal process
Penalty - Court imposes Costs of Formal Service if refuse to waive & don’t have good cause
What is personal service ?
Papers served to ▵ personally anywhere in forum st.
When is service satisfactory for personal jurisdiction?
The party is served while in the jurisdiction
What is substitute Service?
Service at:
(1) ▵s usual place of abode AND
(2) the person served is of suitable age & discretion
Service by Publication
No
- UNLESS:
- no other way b/c:
- Plaintiff doesn’t have address or
- have a surrogate to serve process on
- BUT must be meaningful pub. (Calc. to get to ▵)
- no other way b/c:
State Law Methods of Formal Service
In Federal Court, Plaintiff may use any method permitted under state law of the state:
- where federal court sits OR
- State where service effected
The Internet
- Active (General Jurisdiction) - Conducts business over internet (amazon)
-
Interactive (Purposeful Availment) - PA if ▵ targeted residents in forum state
- few isolated transactions is not sufficient for general jurisdiction)
- e.g. Ebay
- Interactive - site designed to conduct bus. transactions - Measured through examination of sites features & intended uses
- Passive - Makes information available, does not allow any transactions ➞ Does NOT have sufficient contacts
When is tag juris. unconst. ?
- If D is coaxed or lured into the state OR
- D is in the state to participate in legal proceedings
