Personal Jurisdiction Flashcards
Article 6A
Jurisdiction over the person is the legal power and authority of a court to render a personal judgment against a party to an action or proceeding.
The exercise of jurisdiction requires:
1) the service of process on the defendant, or on his agent for the service of process, or the express waiver of citation and service under Article 1201
2) the service of process on the attorney at law appointed by the court to defend an action or proceeding brought against an absent or incompetent defendant who is domiciled in the state.
3) the submission of any party to the jurisdiction of the court by commencing an action or by the waiver of objection to jurisdiction by failure to timely file the declinatory exception
exercise of personal jurisdiction over a non-resident
can be exercised by a court on any basis consistent with the constitution of this state and with the Constitution of the United States.
Personal Jurisdiction can be expressed by
1) service of process while in the state
2) by domicile
3) submission to jurisdiction by commencing action or waiver.
Jurisdiction by Conduct
Long-arm statute
specific jurisdiction v. general
LA RS 13:3201(A) list of activities which, if conducted by a nonresident, would subject them to specific jurisdiction
1) transacting any business in LA
2) contracting to supply services or things in LA
3) Causing injury or damage through tortious conduct in LA
4) causing injury or damage through tortious conduct outside LA, if the nonresident regularly does or solicits business, or engages in any other persistent course of conduct, or derives revenue from goods used or consumed or services rendered in LA
5) having an interest in, using or possessing a real right on immovable property in LA
6) Non-support of a child, parent, spouse or former spouse domiciled in LA to whom a support obligation is owed and with whom the nonresident formerly resided in LA
7) parentage and support of a child who was conceived by the nonresident while he resided in or was in LA
8) manufacturing a product or component part thereof which caused damage or injury in LA, if at the time of placing the product into the stream of commerce, the manufacturer could have foreseen, realized, expected, or anticipated that the product may eventually be found in LA by reason of its nature and the manufacturer’s marketing practices.
General Jurisdiction
(consistent with the constitution)
under this provision, the court may exercise personal jurisdiction over a nonresident on any basis consistent with the LA and US Constitutions
Constitutional Analysis
Minimum contacts such that maintenance of the suit does not offend traditional notions of fair play and substantial justice
Establishment of minimum contacts shifts burden to the defendant to show that it is so unreasonable in light of traditional notions of fair play and substantial justice as to overcome the presumption of reasonableness created by the minimum contacts.
2 steps for personal jurisdiction
1) the state statute must provide authority for the court to exercise personal jurisdiction over the nonresident in the particular litigation
2) there must be sufficient contacts between the defendant, the litigation, and the forum state so as to comport with constitutional due process requirement
Factors to be considered in determining whether the assertion of personal jurisdiction comports with the notions of fair play and substantial justice are (Burger King):
1) Burden on the defendant
2) the forum state’s interest in the dispute
3) plaintiff’s interest in obtaining convenient and effective relief
4) Judicial system’s interests in obtaining an efficient resolution of controversies
5) States shared interests in fostering fundamental substantive social policies.
