Personal Jurisdiction

Question 1

How will you know whether the plaintiff can sue a defendant (and therefore there is personal jurisdiction)?

Answer 1

1. There must be a STATE STATUTE
2. CONSTITUTIONAL GROUNDS — meaning does the defendant have minimum contact with the forum, such that jurisdiction would not offend traditional notions of fair play and substantial justice?

Question 2

How do you determine whether the Defendant has “minimum contact” with the forum (under the Constitutional Grounds part of the test)? There are 3 main grounds.

Answer 2

1. D must have CONTACT with the forum, meaning:

— PURPOSEFUL AVAILMENT (so D reached out to the forum)

— FORESEEABILITY that Defendant could get sued in that forum

2. RELATEDNESS

— Specific Personal Jurisdiction, OR
— General Personal Jurisdiction

3. FAIRNESS (Specific Only!):
   (i) Burden/convenience; (ii) State Interest; and (iii) Plaintiff’s Interest

Question 3

Can the Defendant “avail” themselves to the forum without actually setting foot in there?

Answer 3

Yes, as long as he/she causes an effect in the forum.

Question 4

What is Specific vs. General Personal Jurisdiction?

Answer 4

SPECIFIC = the claim arises from D’s contact with the forum, even if they don’t typically have much contact in that State.

GENERAL = domicile/wherever company is incorporated or has its principles place of business.

Question 5

D lives in State A, but caused an accident with a plaintiff in State B. The plaintiff also lives in State B. Would State A be able to hear a claim against the Defendant?

Answer 5

Yes, even though specific personal jurisdiction arises in State B, State A has general personal jurisdiction over the D and he/she can be sued in that State A court from a claim that arose ANYWHERE IN THE WORLD.

Question 6

When do you need to consider the “fairness” limb of whether D has contact with the forum?

Answer 6

Only where there is Specific Personal Jurisdiction.

Question 7

It must be fair and reasonable for the parties to bring a claim in the chosen forum. Fairness consists of what three tests?

Answer 7

1. Burden/convenience = The forum is fair unless it puts D at a severe disadvantage in the litigation.
2. State Interest = Does the State have an interest in providing its citizens with a courtroom for their case to be heard?
3. Plaintiff’s Interest = May be injured and wants to sue at “home”