PJ

Question 1

Virginia’s long-arm provision, “causes tortious injury instate by act or omission out of state,” requires

Answer 1

1. the non resident to commit a tortious act (or omission arising to a tortious act)
   2.for which the plaintiffs injury occurs in Virginia, and
   3.the defendant either:

a. regularly does or solicits business,
b. or engages in any other persistent course of conduct,
c. or derives substantial revenue form goods used or consumed or services rendered, in the Commonwealth.

Question 2

How will a Defendant waive PJ

Answer 2

If the defendant makes a ‘general appearance” they waive the defense of lack of personal jurisdiction.

A general appearance is any conduct that engages the merits of the case.

The defendant must raise lack of personal jurisdiction before doing anything that engages the merits.

Question 3

Timing of PJ Challenge with a request for (1) an extension, (2) objection to venue or for transfer, (3) at the same time as engaging with the merits

Answer 3

1. A request for an extension of time does not wave personal jurisdiction.
2. Defendant does not waive personal jurisdiction if she raises it at the same time as a motion objecting to venue or for transfer
3. If the defendant raises personal jurisdiction at the same time or after engaging the merits it is waived.