Personal Jurisdiction

Question 1

Personal Jurisdiction

Answer 1

Can ▵ be sued in the forum state?

• Standard is the same for Fed. & St. Ct

Question 2

The first question a federal court must ask when considering personal jurisdiction?

Answer 2

If the state court could assert personal jurisdiction

• If yes, then the federal court may do so as well

Question 3

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?

Answer 3

Parties have:

1. Residency
2. Give Consent
3. Received Service
4. Have min. contacts OR
5. Have subst. bus. with the state

Question 4

3 Questions for Personal Jurisdiction

Answer 4

3 Questions for Personal Jurisdiction:

1. Is there a traditional basis for PJ?
2. Is jurisdiction based on a long arm statute ?
3. If asked about Long arm statute, does it apply? Is it constitutional?

Question 5

What are the types of Personal Jurisdiction?

Answer 5

1. In Personam - Power over the particular ▵
2. In Rem - Power over the piece of property within the state
3. 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

Question 6

When is residency satisfied for personal jurisdiction ?

Answer 6

When the party is a resident in the state where the lawsuit is being filed

• Residency is where the party currently lives

Question 7

Traditional Tests for Personal Jurisdiction

Answer 7

Most states have statutes that grant a court PJ based on:

1. Physical Presence in the state at the time of personal service
2. D domiciled in the forum state
3. Consent

Question 8

Physical Presence in the state at the time of personal service

Answer 8

Transient Presence OK - Service of non resident as she passes through forum state

• Exceptions:
  
  1. Fraud or Force - Can’t be tricked into coming into the forum state
  2. Immunity from PJ - if in forum state as a Party or witness to another judicial proceeding

Question 9

Defendant Domiciled in the Forum State

Answer 9

Individuals

1. Physical Presence &
2. Intent to remain (Deals with pers. not currently present in forum)

Corporation - PJ if incorporated in the forum state

Question 10

Consent

Answer 10

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

Question 11

In what 3 ways can consent to personal jurisdiction occur?

Answer 11

1. Appearance - When a party appears in court w/out objecting to pers. juris. in their initial filing or appearance
2. Contract Signed - Signed K containing choice of forum clause
3. Appointment - Party is an appointed agent in the state where it is filed

Question 12

Modern Test for Personal Jurisdiction

Answer 12

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 ▵ ?

Question 13

Long Arm Statute Due Process Requirements

Answer 13

1. 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)

1. Foreseeability - Must be foreseeable that Defendant would be sued in the forum state

Question 14

Purposeful Availment

Answer 14

Has ▵ purposefully Availed herself to the benefits & protections of the Forum st. (Accidental contacts NOT sufficient)

Question 15

Purposeful Availment - Stream of Commerce Cases

Answer 15

Stream of Commerce Cases: Courts split as to what constitutes PA

• Asahi Metal Industry Co v. Superior Ct - Split
  
  1. placing product in stream of commerce with expectation that it would be purchased by consumers in the forum st. is sufficient
  2. 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

1. ▵ needs to target the forum state
2. A single isolated sale is not sufficient
3. Intent to serve U.S. as single nation is sufficient

Question 16

Fair Play & Substantial Justice

Answer 16

1. Relatedness of Contact & Claim AND
2. Reasonableness of Jurisdiction: (Think about these in determining “at home”)

Question 17

When does a defendant have minimum contacts in a particular state?

Answer 17

1. He caused harm in the state
2. He does business in the state OR
3. He has an interest in real prop. in the state

Question 18

Relatedness of Contact & Claim

Answer 18

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

1. Systematic & Continuous Contacts - This use to be the standard
2. ▵ feels at home - GPJ only exists if the ▵ feels at home in forum
3. Corps feel “at home” in the state it is incorporated & PPB (Does great deal of bus)

Question 19

Reasonableness of Jurisdiction

Answer 19

Reasonableness of Jurisdiction: (Think about these in determining “at home”)

1. Burden on ▵ - Is the forum unconstitutional
2. ∏ interest in Obtaining relief - Can she get relief in another forum
3. Interest of forum state in providing a forum for its residents & protecting their health & safety

Question 20

Notice & Opportunity to be heard

Answer 20

▵ must be given reasonable notice (actually calculated to give ▵ actual notice)

Question 21

Notice and Opportunity to be heard - How?

Answer 21

1. Personal Service
2. Substitute Service
3. Service on Agent of ▵ Authorized to receive service of process
4. Service by Publication
5. State Law Methods

Question 22

Can Defendant waive formal process?

Answer 22

▵ 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

Question 23

What is the effect if Defendant fails to waive formal process

Answer 23

Penalty - Court imposes Costs of Formal Service if refuse to waive & don’t have good cause

Question 24

What is personal service ?

Answer 24

Papers served to ▵ personally anywhere in forum st.

Question 25

When is service satisfactory for personal jurisdiction?

Answer 25

The party is served while in the jurisdiction

Question 26

What is substitute Service?

Answer 26

Service at:

(1) ▵s usual place of abode AND
(2) the person served is of suitable age & discretion

Question 27

Service by Publication

Answer 27

No

• UNLESS:
  
  • no other way b/c:
    
    1. Plaintiff doesn’t have address or
    2. have a surrogate to serve process on
    3. BUT must be meaningful pub. (Calc. to get to ▵)

Question 28

State Law Methods of Formal Service

Answer 28

In Federal Court, Plaintiff may use any method permitted under state law of the state:

1. where federal court sits OR
2. State where service effected

Question 29

The Internet

Answer 29

1. Active (General Jurisdiction) - Conducts business over internet (amazon)
2. 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
3. Passive - Makes information available, does not allow any transactions ➞ Does NOT have sufficient contacts

Question 30

When is tag juris. unconst. ?

Answer 30

1. If D is coaxed or lured into the state OR
2. D is in the state to participate in legal proceedings