Personal Jurisdiction

Question 1

What is the basic idea of personal jurisdiction?

Answer 1

Any court must have power over the parties. It automatically has it over the plaintiff, because she invoked jurisdiction. But the question is whether there is personal jurisdiction over the defendant.

The same analysis applies for federal court.

Question 2

What’s the Two-Step process for determining whether there is personal jurisdiction?

Answer 2

1) Satisfy a Virginia statute? (Statutory Limitations)
2) Satisfy the U.S. Constitution (Constitutional Limitations - Due Process)

Question 3

What are the statutory bases of In Personam Jurisdiction?

Answer 3

Virginia statutes allow in personam jurisdiction over people who are:

(1) served with process instate,

OR

(2) who reside here.

NOTE: The Long Arm Statue also provides jurisdiction.

Question 4

What is In Personam jurisdiction?

Answer 4

In personam is jurisdiction over the defendant (not her property).

Question 5

What is general personal jurisdiction? Who does general personal jurisdiction apply to?

Answer 5

A party can be sued in Virginia in a claim that arose anywhere in the world.

General personal jurisdiction is applicable to defendants with substantial ties (served with process instate or reside instate).

Question 6

What is specific jurisdiction? What provides for specific jurisdiction?

Answer 6

The Long Arm Statute provides for specific jurisdiction. Specific jurisdiction allows one to sue a nonresident person or entity for something she has done or an effect she has caused in Virginia.

THE CLAIM MUST ARISE FROM D’s DOING ONE OF THE FOLLOWING THINGS IN VIRGINIA:

• Causes tortious injury instate by act or omission instate;
• Causes tortious injury instate by act or omission out of state;
• Contracts to supply services or things in Virginia;*
• Has an interest in, uses or possesses realty here;*
• Transacts any business in Virginia;**
• Causing injury in Virginia by breach of warranty where sale was out of state;
• Domestic relations;*
• A separate statute: Non-Resident Motorist Act (NRMA)*

Question 7

What is the Non-Resident Motorist Act (NRMA)?

Answer 7

The NRMA allows jurisdiction over the owner or operator of a motor vehicle involved in an accident in the Commonwealth.

NOTE: This statute allows for specific jurisdiction but there is typically also jurisdiction under the long arm statute because a tortious injury in Virginia was caused by D by an act or omission in Virginia.

Question 8

Summarize the general rules for general personal jurisdiction and specific jurisdiction.

Answer 8

General personal jurisdiction: A D who is essentially at home in the forum can be sued there for a claim that arose anywhere in the world.

Specific jurisdiction: But a D with lesser contacts generally can be sued only for a claim arising from those contacts.

Question 9

What is the general test for personal jurisdiction under the U.S. Constitution?

Answer 9

Test: Whether D has “such minimum contacts with the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice. (International Shoe).

Question 10

What are the key factors to consider under the general test for personal jurisdiction under the Constitution?

Answer 10

The key is to assess a series of factors under

(1) Contact:
(2) Relatedness,

AND

(3) Fairness.

Notice to the D is also required. Due process requires that a reasonable method be used to notify the D of a pending lawsuit so that she may have an opportunity to appear and be heard. (propert service of process) (See Fed Answer #7)

Question 11

What factors must be considered to determine whether a D has minimum contacts with the forum state?

Answer 11

There must be some contact between D and the forum:

• Purposeful availment? D must reach out to the forum – purposefully avail oneself to the privilege of conducting activities w/ the forum state & thus provoking the benefits & protections of its laws.
• The contact must not be accidental.
• Foreseeability? Contact must render it foreseeable that the D can get sued in this forum.

Question 12

What is purposeful availment?

Answer 12

When D reaches out to the forum – where he receives the privileges of conducting activities w/ the forum state & thus provoking the benefits & protections of its laws. The contact must not be accidental.

Question 13

What factors must be considered to determine whether a D’s contact is related to P’s claim?

Answer 13

There must be relatedness between the contact and P’s claim – general or specific jurisdiction Ask: Whether the P’s claim arises from D’s contact with the forum.

Question 14

Under the relatedness prong of the International Shoe test, what type of jurisdiction does a court have over the D if P’s claim arises from D’s contact with the forum?

Answer 14

The court might uphold jurisdiction even if D does not have a great deal of contact with the forum. When the claim arises from D’s contact with the forum, it is called specific personal jurisdiction.

Relatedness always met under the long arm statute and the NRMA.

Question 15

Under the relatedness prong of the International Shoe test, what type of jurisdiction does a court have over the D if P’s claim DOES NOT arise from D’s contact with the forum?

Answer 15

Jurisdiction is okay only if the court has general personal jurisdiction.

To have that, D must have continuous and systematic ties with the forum so that she is essentially at home in the forum. A D who is essentially at home in the forum can be sued there for a claim that arose anywhere in the world.

Question 16

When is a person always “essentially at home?”

Answer 16

“Essentially at home” is always met: where a person is domiciled.

Question 17

When is a business always “essentially at home?”

Answer 17

A business is always essentially at home, where a business is formed (incorporated) and its principal place of business (PPB).

Maybe others like where it has a regional headquarters or major production facilities (but unsure);

Jurisdiction can’t be based soley on sales or purchases within the forum – apparently you need some physical presences.

Question 18

Under the fairness prong of the International Shoe test, what factors should be considered when determining whether jurisdiction is fair or reasonable?

Answer 18

Jurisdiction must be fair or reasonable under the circumstances (aka reasonableness). Factors to consider include:

• Convenience - e.g. for witnesses and parties.
• Standard*: Forum is OK unless it puts D at a severe disadvantage in the litigation – almost impossible to show & tough standard to meet.
• State’s Interest - e.g., provide forum for citizens.
• Plaintiff’s Interest - e.g., P maybe injured and need to litigate at home.

Question 19

Summarize In Rem and Quasi-in-Rem Jurisdiction. What is the statutory basis for jurisdiction? What is the constitutional test used for determining jurisdiction?

Answer 19

Jurisdiction bases is not D, but her property. The statutory basis is an attachment statute. For the constitutional test, Shaffer v. Heitner says all cases, even in rem and quasi-in-rem, must satisfy the International Shoe test.