Personal Jurisdiction

Question 1

Fundamental Requirements of Personal Jurisdiction

Answer 1

For a federal court to have personal jurisdiction over a D, there must be:

1. A state statute authorizing personal jurisdiction, and
2. The exercise of such jurisdiction must be constitutional.

Question 2

Personal Jurisdiction

Statutory Requirement

Answer 2

Most states have statutes granting their courts in person jurisdiction based on following situations:

1. Present in the forum State at the time of service
2. Domiciled in the forum State
3. Give express or implied consent to jurisdiction
4. Meets requirements of long arm statute - D’s acts bring him within statute

Federal courts must analyze personal jurisdiction as if it were a court of the state in which it was located.

Question 3

Personal Jurisdiction constitutional requirement

Answer 3

Non-resident D must be “at home” in the state, thereby subjecting the D to (General Jurisdiction)

Or

D must have sufficient minimum contacts with the state such that exercise of personal jurisdiction is fair and reasonable (specific jurisdiction) - whether D had personal contacts with the forum such that he could reasonably anticipate being haled into forum state’s court

Question 4

Due Process standard: Contact, Relatedness, & Fairness (+Notice)

Answer 4

Contacts:
1. D purposefully availed herself of forum state’s laws; and

2. Knew or reasonably should have anticipated her activities in forum State made it foreseeable that she be sued there

Relatedness:
1. Claim related to Ds contact court more likely to find specific jurisdiction fair and reasonable

2. Claim unrelated to D’s contact with the forum, court must have general jurisdiction
3. But specific jurisdiction under long arm statute may still be possible

Fairness:

1. Is the forum so gravely difficult and inconvenient that D at severe disadvantage
2. Forum states legitimate interest in providing redress for its residents
3. P’s interest in obtaining convenient effective relief
4. Interstate judicial system interest in efficiency
5. Shared interests of states furthering social policy

Question 5

Notice (Generally)

Answer 5

D must be

1. notified of suit by reasonable method
2. Given opportunity to appear and be heard

Question 6

Notice (Individuals)

Answer 6

1. Personal service
2. Subscribed service:
   D’s usual place of abode
   Suitable age, discretion and resides there
3. D’s agent (OK if within scope of agency)
4. State Law Methods: permitted by state Law of state where
   federal court sits
   Service is made

Question 7

Notice (Businesses)

Answer 7

Officer, managing or general agent

State Law Methods: permitted by state Law of state where
federal court sits
Service is made