Personal Jurisdiction Rules Flashcards
Pennoyer
under due process no person is subject to the jurisdiction of a court unless he/she voluntarily appears in the court, is found within the state, resides in the state, or has property in the state that the court has attached.
Carnival
Forum selection clauses contained in passage contracts are enforceable as long as they pass judicial scrutiny and fundamental fairness.
Mullane
Fundamental requirement of due process is notice reasonably calculated under all the circumstances, to inform the interested parties of the action and afford them the opportunity to be heard.
International Shoe
Due Process requires that defendant have minimum contacts such that the nature of the suit does not offend “traditional notions of fair play and substantial justice”
McGee
A state court has jurisdiction over an out of state company if the company has substantial connections with the state
Hanson
A defendant is subject to personal jurisdiction only if the defendant purposefully avails itself of the privilege of conducting activities in the forum state.
Shaffer
Quasi in rem may only be asserted when the interest of the persons in the property seized have sufficient contacts, ties, or relations to the forum state.
A forum lacks PJ over a defendant when the only contact that the defendant has with the forum is the location of the property unless the minimum contacts test is satisfied.
World-Wide
Foreseeability alone is not sufficient to authorize a state court’s assertion of personal jurisdiction over a non-resident defendant that has no contacts, ties, or relations with the forum state.
McIntyre
For a defendant to be subject to a state’s personal jurisdiction, it must purposefully avail itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.
Abdouch
Personal jurisdiction over a party is proper if the party is engaged in conduct purposely directed at the forum state
Goodyear
A state may not exercise general jurisdiction over a corporation unless the corporation engages in such “continuous and systematic activities as to render it essentially at home in the forum.”
Daimler
A court can assert general jurisdiction over a corporation if the corporation’s affiliations with the forum state are so continuous and systematic as to render the corporation at home in the state.
Bristol
For a state court to assert specific jurisdiction, there must be an affiliation between the forum state and the specific claim at issue.
Burnham
A non-resident is properly served if he is physically present in the forum state, and the forum state may exercise personal jurisdiction over him without violating due process.
Gibbons
The plaintiff must allege sufficient jurisdictional facts within the coverage of the long arm statute and must show minimum contacts with the state to satisfy due process.
