Civ Pro- Personal Jurisdiction

personal jurisdiction

power of the court to require a defendant to appear and defend a lawsuit in the forum

Why is international shoe important

1. protect defendants due process

2. state sovereignty

Three types of PJ

1. in personam

2. in rem

3. quasi in rem

in personam

power of the court to exercise jurisdiction over the person 

general jurisdiction

allows a plaintiff to sue the defendant generally for any claims the plaintiff might have no matter where the claims arose only if the defendant is at home in the forum state

no need to assess reasonableness

long arm statutes

specify contacts with the state that allow their courts to assert jurisdiction over the defendant

types of long arm statutes

1. enumerated

2. full reach

3. Federal 4K1A

enumerated statutes

some states list specific acts that allow jurisdiction. The defendants conduct must fit into one of these categories

full reach statutes

some states extend jurisdiction to the full constitutional limit

traditional basis

established by tag, consent & waiver, domicile, and the international shoe test

domicile (corporation)

state of incorporation and/or its principal place of business (Daimler)

domicile (individual)

where an individual resides or intends to remain (Milliken)

consent & waiver 

failure to appear

forum selection clause

stipulation

sanction

state registration

Tag jurisdiction

individual defendant is voluntarily in state & served in state (Burnham)

cant be coerced or in court pursuing something else 

International Shoe test

established that a court may exercise personal jurisdiction over a nonresident defendant when the defendant has sufficient minimum contacts with the forum such that maintenance of the suit does not offend traditional notions of fair play and substantial justice

minimum contacts

when the defendant purposefully avails itself of conducting activities within the forum state thereby enjoying the benefits and protections of its laws

burden on the plaintiff 

purposeful availment

reflects quid pro quo. If a defendant benefits from the forum’s laws, benefits, and protections, it is fair to require the defendant to accept the burden of defending a suit there

General principal (purposeful availment)

unilateral activity-continuous & systematic or single & isolated

nature of contacts

1. continuous and systematic

2. contacts must give rise to cause of action

situation specific contacts

Contracts- Burger King

Internet- Zippo, Huffpost

Intentional Torts- Calder, Keeton

Negligence- Hess

Stream of Commerce- Asahi, Nicastro, WWV

stream of commerce

personal jurisdiction allows a court to have authority over a nonresident defendant if the defendant places a product into the stream of commerce and the product causes injury in the forum state

O’Conner

placement in the stream of commerce, without more, is not enough; there must be additional conduct directed at the forum

Brennan

as long as the defendant is aware that the final product is being marketed in the forum, the possibility of being hauled into court there cannot come as a surprise

Stevens

 one should focus on volume, value, and hazardousness of products entering into the forum

Relatedness

claim must arise out of or relate to the defendant’s contacts (Ford, Bristol Meyers)

Asahi reasonableness factors

burden on defendant to show jurisdiction is unfair

burden on defendant

interest of forum state 

interest of plaintiff

judicial efficiency

shared states substantive policy

(WWV, Asahi)

burden on defendant 

Litigating in the forum should not impose an undue hardship on the defendant

interest of the forum states

 forum has an interest in protecting its residents from nonresident defendants

interest of the plaintiff

Courts weigh the plaintiff’s interest in convenient and effective relief

interstate judicial efficiency

Courts consider whether the forum is the most efficient location for resolving the dispute

Shared states substantive policy

Courts weigh the interest of other states in furthering substantive policies

Zippo sliding scale

Courts recognize that all websites are not created equal
The level of internet activity determines whether purposeful availment is met

passive websites

only post information
users view content

interactive websites

allow users to exchange information

fully interactive websites

clearly do business over the internet. Contracts are formed online, goods or services are sold and delivered. knowing, repeated transactions

service of process

even if d has sufficient contacts to subject jurisdiction the court must assert jurisdiction by an order to appear & defend the action

purpose of service of process

1. formally asserts courts authority over the d

2. informs them of the case so they can prepare to defend it 

Rule 4

for notice to be proper it must satisfy constitutional requirements & relevant statutory provision

due process clause & notice

requires notice that is reasonably calculated under all the circumstances to inform interested parties of action (Mullane)

mere gesture is not due process

p must act as if they truly want d to know

half-hearted notice efforts violate due process

preferred method of service

in hand service is best
publication alone is insufficient unless no better option exists

rule 4(c)(1 

complaint + summons must be served together 

plaintiff is responsible for proper service 

rule 4(c)(2)

any person over 18 years & not a party may serve process

rule 4(m)

must serve defendant w/in 120 days after filing

court can extend for good cause

rule 4(e)

methods for serving an individual 

1. personal delivery 

2. leaving at dwelling w/ suitable person

3. serving an authorized agent 

4. using state methods

rule 4(h)

methods for serving a corporation/association

1. deliver to office or authorized agent 

2. follow state service rules

rule 4(d)

waiver of service 

plaintiff may request d to waive if 

if waived 60 days to answer

hukill 3 part test

whether service of process is sufficient

1. is there a statute authorizing the method of service?

2. have the requirements of the statute been observed?

3. have fundamental due process requirements been met?

rule 12(g)(h)

objections to service of process must be raised either by pre-answer motion or in answer to complaint

rule 5

subsequent papers must also be served on all parties in action

rule 12(b)(5)

motion to dismiss for insufficient service of process