Personal Jurisdiction Flashcards
What are the three bases for PJ?
Consent
Presence
Long-Arm Statute
What types are consent are there?
Express
Implied
What is express consent?
Any expression of consent by D to be sued in IL state court, including a forum select clause
What is implied consent?
Based on conduct, D must object to PJ in a timely manner and failed to, so impliedly consented.
When must a D respond to a complaint once served?
Within 30 days
When must a D respond to a complaint if he waived formal service?
60 days
What are the three forms of presence?
- Actual, voluntary physical presence
- Domicile-“constructive presence”
- Doing business: regular, systemic, and continuous.
Is solicitation for business in IL sufficient for presence in IL?
NO. Mere solicitation is not sufficient.
What is the Long arm statute?
Long arm statute allows personal jurisdiction over D in IL if he performs one of the listed acts, so long as there is a SPECIFIC connection between the act and the lawsuit filed.
What acts satisfy the long arm statute?
LIMIT
LAWSUIT MUST DERIVE FROM THESE ACTS
Land: D owns/uses/possesses land
Injury: Injury in IL from D’s tort
Matrimony: D’s act in IL that gives rise for separation, annulment, or divorce (SAD)
Insurance K: Risk located in IL
Transaction of business: can be a single transaction
When is Personal Jurisdiction constitutional?
D engaged in minimum contacts in IL such that it would not offend traditional notions of fair play and substantial justice.
In asking whether there was minimum contacts, what is the issue?
Whether D purposefully availed himself of the benefits of IL, and targeted consumers in IL
