PJ

Question 1

Long arm

Answer 1

specifies when a court within the state can exercise specific personal jurisdiction over a nonresident defendant.

Question 2

PJ

Answer 2

Service of process: Serving process on defendant voluntarily in state where court is located (ie, forum state)
**unless **the defendant was
(1) fraudulently or forcefully brought into the state to be served with process or
(2) present in the state to attend an unrelated judicial proceeding.

Consent:
-Express – contractual agreement (eg, forum-selection clause)
-Implied – engaging in specific activity that state has substantial interest in regulating (eg, driving on public roads)
-Waiver – untimely objection to personal jurisdiction
-Appearance – voluntarily appearing in court to litigate merits of case

General (all purpose)
Defendant has continuous & systematic contacts with forum state so substantial that defendant is essentially “at home” (ie, defendant’s domicile)

Specific (case-linked):
-Plaintiff’s claim arises from or is closely related to defendant’s minimum contacts (purposeful availment) with forum state
==> D’s contacts w/ forum must b purposeful and substantial, such that the D should reasonably anticipate (foresee) being taken to court there
AND
-Exercise of jurisdiction complies with notions of fair play & substantial justice

Question 3

How is lack of PJ waived?

Answer 3

The defense of lack of personal jurisdiction is waived if it is not asserted in a pre-answer motion or an answer (OR amended answer), whichever occurs first.
**An answer can be amended once as a matter of course within 21 days of serving the answer or being served with a responsive pleading or Rule 12(b) motion.

Question 4

When may min contacts be imputed from subsidiary?

Answer 4

The minimum contacts of a subsidiary may be imputed to its parent corporation when the subsidiary is acting as the parent corporation’s agent or alter ego. But in the absence of such evidence, each corporation is a separate legal entity.

Question 5

When is service by publication constitutional?

Answer 5

When ID/ address are unknown/unobtainable

Question 6

Rule 4(k)(2): Fallback PJ

Answer 6

Rule 4(k)(2) provides for personal jurisdiction by a federal court when no state court can exercise jurisdiction over the defendant

It requires both
(1) that the claim against the defendant be based on federal law and
(2) that there be minimum contacts such that the exercise of personal jurisdiction in federal court is consistent with the laws of the United States and the United States Constitution.

Question 7

Stream of Commerce

Answer 7

A defendant manufacturer has minimum contacts with the forum state if it places a product in the stream of commerce plus purposefully targets that state.

==> towards a q of Specific Jurisdic

Question 8

In Rem closer look

Answer 8

in rem jurisdiction, which is the authority of a court to determine issues concerning rights in property, is** applicable only when the suit concerns the property**