Personal Jurisdiction

Question 1

Pennoyer - In personam jurisdiction can only exist if D is:

Answer 1

1. Domiciled in the state
2. Present in state @ time of service
3. Consents

Question 2

Hess - What does court expand on here?

Answer 2

Expands consent to notion of implied consent
- if you are benefiting from using a state’s roads, you impliedly consent to the registrar of the DMV to accept suit on your behalf

Question 3

Shoe - Takeaways

Answer 3

Expands on aspect of presence
- Presence will be measured by minimum contacts if D has never stepped foot in the forum state
- branching of specific and general jurisdiction
Minimum contacts = Specific
Continuous & Systematic = Gen

Question 4

McGee

Answer 4

Min contacts can be met with a substantial connection that stems from one contractual relationship

Question 5

Hanson

Answer 5

When assessing min contacts, it has to be that D purposefully availed itself of the protections of that state’s laws

Question 6

Gray

Answer 6

Court found PJ when out of state distributor sold products to wholesaler for ultimate use in the forum

Question 7

WWV

Answer 7

Purposeful availment does not mean unilateral activity
- foreseeability that a product will end up in the forum state is not enough

After WWV - judges began to argue what PA menas: Purposeful targeting v. stream of commerce

Question 8

Kulko

Answer 8

D’s conduct and connection with the forum state need to be such that they should reasonably expect being haled into court there

Question 9

Intentional Torts Cases

Answer 9

Calder/Keeton - when you are engaged in defamatory conduct, you are expressly aiming it at the forum where it is circulated and read

Walden - express aiming at forum is not enough - D must create contacts with forum meaning that they PA themselves of forum - Jurisdiction must be based on the intentional contact by D with forum

Question 10

Contracts Cases

Answer 10

BK and McGee
- Substantial connections can be found through one contract - there can be specific course of dealings thru one contract that provide for a substantial connection

Question 11

Products Liability Cases

Answer 11

WWV, Asahi, McIntyre

Split - PT v. SoC

Question 12

O’Connor - Purposeful Targeting

Answer 12

Asahi/McIntyre -

• Foreseeability that a product will enter the forum state is not enough
• There must be some additional conduct by which defendant indicates an intent or purpose to serve the market in the forum state

Question 13

Examples of Purposeful Targeting

Answer 13

• Designing product for use in the forum state
• advertising in forum
• providing customer service in the forum

(Asahi/McIntyre)

Question 14

Brennan - Stream of Commerce

Answer 14

As long as defendants are aware that the final product is being marketed or sold in the forum state, the possibility of a lawsuit cannot come as a surprise

Question 15

Rule 4(k)(1)

Answer 15

Federal court can look to the long-arm statute of the state where the court is located

Question 16

Rule 4(k)(2)

Answer 16

For all federal cases, serving summons establishes PJ over D, if D is not subject to jurisdiction in any state’s court of general jurisdiction, and exercising jurisdiction is consistent with Due Process.

Question 17

Goodyear - new standard for general jurisdiction

Answer 17

Activities by D have to so continuous and systematic that they are essentially “at home” in the forum state

Ginsberg - where a corp is domiciled will always be a place where they will be subject to GJ

Question 18

Daimler

Answer 18

Focuses on foreseeability - D needs to have a minimum assurance as to where they would be liable to suit

Question 19

BMS

Answer 19

there must be an affiliation between the claims and the forum state

Class action case - if plaintiff’s only connection with the forum state is the relationship with in-state plaintiff’s that is not enough

Plaintiffs must be harmed in the forum state

Question 20

Telemedicine - Internet Cases

Answer 20

Requirement is deliberate target of customers in the forum or express aiming at the forum with the knowledge that harm will be felt in the forum

Ex: if i put out a defamatory tweet about your company, you would have to show that the tweet was directly aimed at the company and that they knew the company conducted business in the forum

Question 21

Shaffer - In rem

Answer 21

Shoe test now has to be applied to all forms of jurisdiction

Question 22

In Personam Jurisdiction

Answer 22

authority over a person

Question 23

In Rem Jurisdiction

Answer 23

authority over property