Personal Jurisdiction Cases Flashcards
Bristol-Myers Squibb (2017)
Arises Out Of. No PJ. BMS sold drug in USA, hurt ppl. Inc. in DE, HQ in NY. Main place of biz NY & NJ. Multiple Πs in & out of state sue in CA. In CA, BMS had 160 employees, 250 sales reps, a state-gov advocacy office, research facilities. Not injured in state. “Πs claims “must arise out of the defendant’s conduct in the forum state”.
Ford Motor v. MO (2021)
Yes Arises Out Of. =SJ. Car Accident. Ford Inc in DE, main biz in MI. The car was not sold or manufactured in MO but Ford sold, serviced & marketed in MO. Π lived & was injured in MO. “Purposeful availment” (Mcgee).
McGee v. International Life Ins. Co (1957).
=MCs. “Purposeful availment” = MC. CA resident buys life insurance, suicides, estate sues TX insurance company. Went in CA to sell insurance. Paid premiums to the office in TX. Singular policy K in CA. No agents or offices in CA.
Hanson v. Denckla (1958).
No MCs. Trust/Assets. Client moved from DE –> FL. Π creates the rel’t w/ forum state. “Unilateral Act” by Π= NOT MC.
World Wide Volkswagen (1980)
No MCs. (Doesn’t look at ARO). Π bought Audi in NY, has accident in OK sues World Wide Volkswagen (NY dealer) & other ∆s. ∆ didn’t sell, ship, advertise or have agents in OK, lacked MCs with OK. “Must be reasonably foreseeable to be hailed into court.” Doesn’t matter if you can foresee your product ending up in forum state.
Calder v. Jones (1984)
=MCs. Libel. SJ Yes. Tort effects felt & targeted to hurt Π in forum state of CA. ∆ traveled to CA on bizness, made calls to CA, story re: reputation of Californian Π. “Effects Test” crucial precedent for online conduct.
Walden v. Fiore (2014)
No MCs. Couple detained in GA airport, ∆ confiscated $$ Nonresident ∆, sole contact with NV was knowledge that his tort has effect on Π in that state. Made Π late for NV flight.
Asahi Metal Industry Co. v. Superior Court (1987)
No MCs & No FPSJ. Moto accident. Sues Cheng Shin & Asahi Metal Industry Co. Brennan contended ∆ placed product in SOC but not enough. It has no office, agents, employees, property in CA, does no advertise/solicit CA biz. Did not create, control, employ distribution system.
“Alien and Foreign Forum”.
5 factors for FPSJ:
1. Burden on ∆
2. Interest of the forum state
3. Π s interest in obtaining relief
4. Want efficient resolution
5. Benefit social policies?
Burger King Corp v. Rudzewick (1985)
= MCs & FPSJ. FL biz Π v. MI franchisee ∆.
1) 20 yr K, 2) Mil $$ deal 3) Negotiated 4mo in FL 4) Sophisticated 5) Legal Rep.
6) Nature of K: franchisor-franchisee…7) Intimate rel’t
FL- corp HQ. Breach of K. <2 yrs into the deal. ∆ applied to regional office in MI. ∆ never in FL. Choice of law clause for FL (NOT choice of Forum ). Payments due monthly in FL (where Breach happened).
McIntyre v. Nicastro (2011)
No MCs. British McIntyre hired distributor to sell machines across US. Machine manufactured in England, didn’t market its goods in NJ, or ship them to NJ. Injury in NJ.
General Jurisdiction
∆ is “essentially at home” in the State. Where a person lives and intends to keep living. Corporation must be either:
1) HQ
2) Incorporation
3) Principle place of business.
Special Jurisdiction
“May find specific jurisdiction if the nonresident defendant purposefully, systematically, and voluntarily avails himself of the benefits and privileges of conducting his business or activities in the forum state”
Personal Jurisdiction
In personam jurisdiction refers to a court’s power over a person (or entity) who’s a party to, or involved in, a case or controversy before the court, including its power to render judgments affecting that person’s rights. Analyze each ∆ separately.
