Personal Jurisdiction

What is General PJ?

Exists when the D is “at home” in the forum state (i.e. domicile, PPB, state of incorporation

What is tag jurisdiction?

The court has general PJ over D when D is served with process in that state

Where is a person domiciled?

in the state that is her permanent home where she plans to stay indefinitely

Where is a corporation domiciled?

in the state where it is incorporated and where its PPB is located

Where is a partnership or LLC domiciled?

wherever its partners or members are citizens

What must the lawsuit arise from with specific PJ?

It must arise out of specific contacts with the state like a tort committed in the state or business transaction arising out of the contacts with the state

What are the 4 traditional bases for PJ?

1. domicile

2. physical presence (served in FS)

3. consent

4. waiver

What are the statutory requirements for PJ?

1. D was present in the forum state at the time of service

2. D is domiciled in the forum state

3. D has expressed or implied consent

4. Meets the requirements for the forum state’s long arm statute

What is the constitutional test for PJ?

1. Contacts (purposeful availment and foreseeability)

2. Relatedness

3. Fairness (Specific PJ Only)

What does it mean for the defendant to have relevant minimum contacts with the forum state?

1. The defendant purposefully availed herself of the forum state’s laws

2. The defendant knew or reasonably should have anticipated that his activity in the forum state made it foreseeable that he may be haled into court there

What are examples of ways a defendant can purposefully avail herself?

1. marketing a product in the forum

2. using the roads in the forum

3. traveling in the forum

4. establishing a domicile in the forum

5. sending a tortious email into the forum state

6. maintaining an interactive website within the forum may be sufficient for PJ if the defendant was targeting customers or readers within the forum.

What is the test for relatedness?

Does the Plaintiff’s claims arise from or relate to D’s contact with the forum?

What type of PJ is needed if the Plaintiff’s claims do NOT arise from or relate to D’s contact with the forum?

the court must have “general jurisdiction” over the defendant, which requires the defendant to have registered to do business or be “at home” in the jurisdiction.

What type of PJ would apply if the Plaintiff’s claims do arise from or relate to D’s contact with the forum?

specific PJ

What are the fairness factors for specific PJ?

1. whether the forum state is so gravely difficult and inconvenient that the defendant is put at a severe disadvantage

2. the forum state’s legitimate interest in providing redress for its residents

3. the plaintiff’s interest in obtaining convenient and effective relief

4. the interstate judicial system’s interest in efficiency

5. the shared interest of the states in furthering social policies