Personal Jurisdiction Flashcards
Two-step process for PJ:
(1) does PJ satisfy a Georgia statute; and
(2) does it satisfy Due Process Clause of U.S. Const.
General v. Specific Jurisdiction
General - PJ in Georgia need not relate to the acts giving rise to the claim
Specific Jurisdiction - PJ in Ga. only for events giving rise to the injury.
Bases for General Jurisdiction
1) Tagged/Presence in Ga. - as long as not fraudulently induced or here for court hearing.
2) Domicile in Ga.
3) Incorporated in Ga.
4) Foreign corp. authorized to do business in Ga.
5) Consent (PJ is a waivable defense)
Long Arm Statute
Available to provide PJ over nonresidents at either the time of cause of action or at the time when the being served.
Georgia under LAS only has specific jurisdiction for the contacts in Ga. that give rise to the claim.
Long Arm Statute - what contacts provide PJ?
1) Transact any business in Georgia (selling item in Ga. enough/ merely advertising not enough)
2) Commit a tortious act or omission in Ga. that causes an injury (act + injury). However, if the tortious act occurs outside the state and the injury occurs inside the state not enough unless the D has persistent conduct in Ga. or derives substantial revenue from the state.
3) Owns, uses, or possesses property in Ga.
4) Domestic relations - if the D had a matrimonial domicile here when the case is filed or the D resided here before commencement of the case he can be sued in Georgia.
Nonresident Motorist Act (narrower than LAS)
Only available against nonresident motorists at the time of the cause of action. (does not include someone who is a nonresident when claim is filed).
SJ for any motorist involved in an accident in Ga.
Constitutional Standard (Int. Shoe and Burger King)
Even if a statutory basis for PJ, must still satisfy due process.
Test: D must have minimum sufficient contacts with the forum so the exercise of PJ does not offend the traditional notions of fair play and substantial justice.
Constitutional Standard - Factors
1) Contact; and 2) the fairness and reasonableness of that contact.
The contact must be a “purposeful availment” – contact must result from purposeful, voluntary conduct in the forum.
and
that contact must make it foreseeable that D could be sued in the state. Court looks at the relatedness of the act and the claim. Also if the D has systematic, continuous contact.
Also looks at the convenience for the D to defend in the forum
And looks at the state’s interest in prosecuting the claim.
Constitutional Standard - In rem and Quasi in Rem
Generally, the mere presence of property in a state is sufficient to provide jurisdiction. However, if the property in Georgia was not related to the claim then the court would look at the number of contacts and the relatedness to the claim.
