PJ Flashcards
In the case of an out of state defendant, in order for a VA court to exercise PJ over a D, the exercise of PJ must be
1) Consistent with Va Long arm statue; and
2) Consistent with Federal constitutional law
For a contracts based action, the Va long arm reaches a D if:
1) The D conducts Business in Va and the action arises from those contacts; or
2) If D sells a product outside Va, that is covered by a warranty, and that product causes injury in Va the D will be subject to PJ if:
1) The D reasonably expects the product to be used in VA; AND
2) The D conducts regular business in VA or derives a substantial revenue from VA
For a Torts based action, the VA long arm reaches a D if:
1) D acts in VA causing tortious injury in the state
2) If D acts outside Va causing Tortious injury in the state and
1) The claim arises from those contacts; and
2) The D has systematic contacts with the state
For a property based action, the VA long arm reaches a D if
The D has a real property interest in Va, and the claim arises from that interest
For family based actions, The VA long arm reaches a D if:
1) The matrimonial domicile is in VA, then VA can adjudicate the divorce
2) The D is obligated to pay support to a VA resident, VA can enforce the obligation
Federal constitutional law permits
A D to be sued in a state where he minimum contacts and there is a relationship between the claim and those contacts.
Minimum contacts are those that are
purposefully established
You can always get PJ over a D by
1) Consent (failure to object or forum selection clause) or
2) Tag jurisdiction