Personal Jurisdiction - Other Bases for Personal Jurisdiction Flashcards
General In Personam Jurisdiction
Individuals
A state has general personal jurisdiction over an individual wherever the individual is domiciled
General In Personam Jurisdiction
Companies
Daimler AG v. Bauman
SCOTUS 2014
A state has general personal jurisdiction over a company only when the company is at home in the state. A company is at home wherever it has its principal place of business or place of incorporation. However, in exceptional circumstances, like during a war, that might change
Transient Presence Jurisdiction
Burnham v. Superior Court
SCOTUS 1990
Due process doesn’t deny a state jurisdiction over a non-resident who was served while temporarily in the state when the suit isn’t related to his activities in the state.
Transient Presence Jurisdiction
Partnerships
Because partnerships don’t have a legal status separate from the partners, a plaintiff can obtain personal jurisdiction over a partnership if a partner is served in the forum state, but only if the state’s long arm statute allows it
Transient Presence Jurisdiction
Corporations
Plaintiffs cannot obtain personal jurisdiction over a corporation by serving an officer of the company who is in the forum state. This is because the corporation is a legal entity in itself
Transient Presence Jurisdiction
Exceptions
Transient presence jurisdiction is not valid if the defendant was brought into the forum state by fraud or under duress
Some states won’t allowed jurisdiction if the defendant is in the state to participate in other litigation
Ways to Consent to Personal Jurisdiction
The defendant can decide not to raise the issue of personal jurisdiction
Parties consent to personal jurisdiction through their conduct. Ex. plaintiff files in a specific jurisdiction
Defendants can consent to personal jurisdiction before the lawsuit happens. Ex. forum selection clause
Ways to Waive the Personal Jurisdiction Defense
A party fails to raise an issue in time or in the proper manner
A party fails to comply with a court order
Long Arm Statutes
Most long arm statutes limit the types of cases courts have personal jurisdiction over
A court can only exercise personal jurisdiction if a long arm statute allows it and the personal jurisdiction is permission by the Constitution
Sometimes a court can have transient presence jurisdiction under common law even though there is not statute to authorize it
Long Arm Provisions in Federal Courts
Fourteenth Amendment
The Fourteenth Amendment says no state will deprive a person of life, liberty, or property without due process.
Long Arm Provisions in Federal Courts
Fifth Amendment
The Fifth Amendment says the federal court can exercise much more personal jurisdiction authority then state courts because it has personal jurisdiction over defendants that have contacts anywhere in Americans. However, the Fifth Amendment doesn’t automatically confer the power to exercise personal jurisdiction. A long arm statute must do that
Long Arm Provisions in Federal Courts
Rule 4(k)(1)(A)
A federal court can only exercise personal jurisdiction over a defendant if the court of the state its in can do so
Long Arm Provisions in Federal Courts
Rule 4(k)(1)(c)
A federal court may exercise broader jurisdiction when the court is authorized to do so under federal statutes. Ex. federal courts have nationwide personal jurisdiction over bankruptcy cases
Long Arm Provisions in Federal Courts
Rule 4(k)(2)
A federal court may have personal jurisdiction over cases with foreign defendants when no state can exercise personal jurisdiction and the defendant has a sufficient contact in America
Long Arm Provisions in Federal Courts
Rule 4(k)(1)(B)
If a defendant has joined pursuant to Rule 14 or Rule 19, the federal court has personal jurisdiction over the defendant as long as he is served within 100 miles of the federal courthouse
