Personal Jurisdiction

Professor Laing - Fall 2024

Personal jurisdiction can be established in two ways:

1. General jurisdiction

2. Specific jurisdiction

Personal jurisdiction (Rule 4(k)(1))

Tells federal courts that they must act like they state courts in which they sit

Which cases illustrate specific jurisdiction?

1. International Shoe v. Washington

2. McGee v. International Life Insurance Co.

3. Hanson v. Denckla

4. World-Wide Volkswagen Corp. Woodson

5. J. McIntyre Machinery, Ltd. v. Nicastro

6. Bristol-Myers Squibb v. Superior Court

7. Ford Motor Co. v. Montana Eighth Judicial Dist. Court

Pennoyer v. Neff

Tells us about:

• Power

• Consent

• Notice

International Shoe v. Washington

Tells us about:

• Traditional notions of fair play and justice

• Purposeful availment

When the court discusses contacts, what is it referring to?

Activity a business is doing in a state

McGee v. International Life Insurance Co.

Tells us about:

• The quality and nature

• substantial connection

Hanson v. Denckla

Tells us about:

• unilateral activity

• purposeful availment

World-Wide Volkswagen Corp. Woodson

Tells us about:

• unilateral activity

• foreseeability of litigation is established because you purposefully availed yourself

McIntyre Machinery, Ltd. v. Nicastro

Tells us about:

• Targeting the U.S. as a whole does not mean that you purposefully availed yourself to a state

• Rule 4(k)(2)

Specific Jurisdiction (Rule 4 (k)(2))

Jurisdictional bounds are the entire U.S.

Bristol-Myers Squibb v. Superior Court

Tells us about:

• there must be a strong connection between the claims that arise, the forum state, and the out of state defendant

Ford Motor Co. v. Montana Eighth Judicial Dist. Court

Tells us about:

• Purposeful availment

• differs from Bristol-Myers Squibb because the injury occurred in the forum state

What case illustrates consent under personal jurisdiction?

Carnival Cruise Lines v. Shute

Carnival Cruise Lines v. Shute

Tells us that:

• the forum selection clause can establish consent as long as it is fair

Which cases illustrate notice?

• Mullane v. Central Hanover Bank & Trust Co.

• Baidoo v. Blood-Dzraku

Mullane v. Central Hanover Bank & Trust Co.

Tells us that:

• Notice must be reasonable (reasonableness depends on circumstances)

• notice must actually inform defendant

Baidoo v. Blood-Dzraku

Tells us that:

• There are alternative methods of service that can reasonably be expected to give defendant actual notice

Which cases illustrate general jurisdiction?

1. Goodyear Dunlop Tires Operations, S.A. v. Brown

2. Daimler AG v. Bauman

3. Burnham v. Superior Court

Goodyear Dunlop Tires Operations, S.A. v. Brown

Tells us that:

• Defined the difference between general and specific jurisdiction

• requires companies to be at home

• corporation’s contacts must be so systematic and continuous that it is at home

Daimler AG v. Bauman

Tells us that:

• Contacts must be systemic and continuous

Burnham v. Superior Court

Tells us that:

• Tag jurisdiction is valid

Which cases illustrate a long arm stuatute?

1. Gibbons v. Brown

2. Mackey v. AirBnB Inc.

Gibbons v. Brown

Tells us about:

• 2 Prong Test

What is the Gibbons 2 Prong Test?

1. Facts of the case must fall within a state’s long arm statute

2. Specific minimum contacts must be established to satisfy due process

Which case illustrates Venue under Rule §1391(b)(2)?

Thompson v. Greyhound Lines, Inc.

Thompson v. Greyhound Lines, Inc.

Tells us that:

• A substantial amount of the events must occur in the forum district if the defendant is from a different state