Specific Jurisdiction

Question 1

International Shoe Rule

Answer 1

Due Process requires “minimum contacts” with forum “such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice”
(Divides JD into In Rem and In Personam [until Shaffer v. Heitner])
- Volume of Activity
- Quality & Nature of Contacts
- Interest in the Forum State Hearing the Dispute; and
- Inconvenience to D of Suit There (not as large a factor)

Were the D’s actions so significant, that they expected, or reasonably should have expected, to be called into court there?

Purposeful Availment: Did the D enjoy and benefit from the Forum State’s laws in a way such that they “purposefully availed” themselves to be subject those laws?

Question 2

International Shoe Test

Answer 2

a. Volume of Activity
- Systematic and continuous v. sporadic and occasional

b. Quality and nature of activity
- Gravity, purposefulness, effect on others, whether they give rise to claim

c. Interest of the forum state in hearing dispute
- Would the forum have an interest in how the case is decided? (e.g. Does it involve their citizen(s)? Is one or more of their laws alleged to be violated? etc.)

d. Inconvenience to defendant of suit there (Not as big a factor anymore)

Question 3

Sliding Scale

Answer 3

i. Light contacts support jurisdiction only over claims related to those contacts (“specific jurisdiction”)
ii. Heavy contacts support jurisdiction over unrelated claims (“general jurisdiction”)

Question 4

Calder Effects Test

Answer 4

Defendant’s acts were:

1. Intentional;
2. Uniquely or expressly aimed at the forum state; AND
3. Caused harm, the brunt of which was suffered – and D knew was likely to be suffered – in the forum state

Question 5

Rule 4(k) Territorial Limits of Effective Service

Answer 5

In general, serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant:

a. Who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located;
b. Who is a party joined under Rule 14 or 19 and is served within a judicial district of the US and not more than 100 miles from where the summons was issued;
c. When authorized by a federal statute
3. State needs PJ before Feds can step in

Question 6

Summary of Specific Jurisdiction

Answer 6

1. Int’l Shoe: Due process requires minimum contacts such that jurisdiction complies with fair play & substantial justice
2. This means purposeful availment of privilege of conducting business in forum State or benefits of that State’s laws
3. Stream of commerce, contract, internet and intentional torts contexts