Module 7 - Personal Jurisdiction, Service, and Notice

What is the difference between Subject Matter Jurisdiction (SMJ) and Personal Jurisdiction (PJ)?

SMJ involves the court's power to hear a particular type of case, while PJ involves the court's power over the parties.

What constitutes consent to personal jurisdiction?

The plaintiff consents to PJ by filing the case. A defendant must have personal jurisdiction for the court to proceed.

What is the test for Specific Personal Jurisdiction (SPJ)?

The defendant must have sufficient contacts with the forum state to make it fair and reasonable to exercise jurisdiction.

What are the two conditions for personal jurisdiction to be valid?

(1) The exercise of personal jurisdiction must fall within a state statute; (2) It must satisfy the Constitution's Due Process Clause.

What is the purpose of a state's "long-arm" statute?

It grants the state full power to exercise jurisdiction over defendants to the extent allowed by the Constitution.

What are "minimum contacts" under the Due Process Clause for PJ?

Defendants must have sufficient contact with the state, such that exercising jurisdiction would be fair.

What is "purposeful availment" in the context of personal jurisdiction?

Purposeful availment occurs when a defendant voluntarily acts to target the forum, benefitting from its laws and protections.

What are examples of purposeful availment?

Marketing a product, using roads, domiciling, traveling in, sending tortious emails, or maintaining an interactive website in the forum.

What is the "foreseeability" requirement for personal jurisdiction?

It must be foreseeable that the defendant could be "haled into court" in the forum state.

What determines whether a court has Specific or General Personal Jurisdiction?

If the plaintiff's claim arises from the defendant's contact with the forum → Specific PJ; otherwise, General PJ.

How does relatedness affect the type of personal jurisdiction?

If the claim arises out of the defendant's contact with the forum, specific PJ applies; otherwise, general PJ may be considered.

How Do We Test for Relatedness?

The question is whether Plaintiff's claim against Defendant "arises out of or relates to" Defendant's contact with the forum. (Remember, we just concluded that Defendant had a contact with the forum.) It clearly arises out of the contact if Defendant's contact caused the harm to Plaintiff.

What if Defendant's contact did not clearly cause the injury to Plaintiff?

If Defendant has substantial contact with the forum state, relatedness is satisfied if the claim merely relates to Defendant's contacts with the forum.

What happens if relatedness is satisfied?

If the "arise out of or relate to" test is satisfied, the case will be assessed for specific PJ. If so, we jump to step c. and assess whether the exercise of jurisdiction would be fair or reasonable.

What happens if relatedness is not satisfied?

If the "arise out of or relate to" test is not satisfied (Plaintiff's claim does not arise out of or relate to Defendant's contacts), the only way to proceed is with general PJ.

To have general PJ, the defendant either

(1) must be at home in the forum or

must have registered to do business in the state and have appointed an agent for service of process there, assuming that state law authorizes general personal jurisdiction on this basis.

Where is a human always "at home"?

A human is "at home" where she is domiciled.

What if Defendant is served with process in the state?

The court also has general jurisdiction when she is served with process in the state.

Where is a corporation subject to general PJ?

In any state that allows PJ to be exercised on registration with the state. Failing that, the company must be "at home" in the forum.

Where is a corporation always "at home"?

(1) The state in which it is incorporated; and

(2) the state in which it has its principal place of business ("PPB").

What is the constitutional test for Personal Jurisdiction?

Contact: Purposeful availment and foreseeability;

Relatedness ("arise out of and relate to").

Relatedness determines whether jurisdiction will be based on general PJ or specific general PJ; and

Fairness (specific PJ only): Burden/convenience, state's interest, and plaintiff's interest.

General Personal Jurisdiction

When the cause of action is unrelated to the defendant's contacts with the forum state, the type of personal jurisdiction is called "general" jurisdiction. General jurisdiction subjects the defendant to personal jurisdiction for all causes of action, regardless of where the cause of action arose.

What is the test for General Personal Jurisdiction

Is the D at home in the forum or registered to do business in the forum?

What is the second Personal Jurisdiction Test?

A court has jurisdiction over a defendant who was served with a process in the state.

Why: Tradition

Where does general personal jurisdiction apply to a human?

General PJ applies where a human is domiciled.

Where does general personal jurisdiction apply to a corporation?

General PJ applies where a corporation is incorporated or has its principal place of business.

What are the three fairness factors in the Constitutional test for Specific PJ?

1) Burden on the defendant, (2) State's interest, and (3) Plaintiff's interest.

What is the notice requirement under Due Process?

Notice must be "reasonably calculated" to inform interested parties of a lawsuit and provide an opportunity to respond.

What is "service of process"?

It consists of two documents: a summons and a copy of the complaint, delivered to notify the defendant of the lawsuit.

Who can serve process?

Any person at least 18 years old, with no need for court appointment.

What is the time limit for serving process after filing a complaint?

Process must be served within 90 days of filing the complaint.

What is substituted service?

Service at the defendant's usual abode, given to someone with sufficient discretion, like a family member.

In addition to the requirement that the defendant have such minimum contacts with the forum to render the exercise of jurisdiction there fair and reasonable, due process also requires that a

reasonable method be used to notify the defendant of a pending lawsuit so that she may have an opportunity to appear and be heard.

Due process requires that notice be

"reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." [Dusenbery v. United States, 534 U.S. 161 (2002)—quoting Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950)]

How is process served on an individual?

(1) Personal Service (in-hand delivery)

Can be anywhere

(2) Substituted service

(3) Service on Agent

(4) State Law Methods

Personal Service (in-hand delivery)

Can be anywhere

(2) Substituted service

(1) Service at D's usual abode

(2) Someone with suitable age and discretion

Does not have to related

(3) who reside there

They don't have to reside there every single day

Can be a butler at the summer home

3) Service on Agent

Requirement that Agent Notify Defendant

If an agent is appointed by contract, in a case where the plaintiff chose the agent for his own benefit, or the agent is appointed by operation of law (as under a nonresident motor vehicle statute), the failure of the agent to notify the defendant will prohibit jurisdiction—since the defendant will in fact be deprived of an opportunity to be heard.

(This is not true when the defendant voluntarily selects his own agent, since any failure of the agent can and will be attributed to the principal.)

Agent service can be used even if personal service is available

(4) State Law Methods

In addition ot the ones mentioned, the state law methods of the court where the federal court is situated or the state where proecss is served

EG: Mail

Service on Multiple Parties:

In Mullane v. Central Hanover Bank & Trust Co., supra, an action was brought against a number of trust beneficiaries scattered throughout the world. T

The Supreme Court held that the Constitution did not require personal service on each beneficiary since the cost would have been prohibitive.

However, every beneficiary had to be notified by the best practical means available.

Thus, those whose addresses were known or could reasonably be ascertained had to be notified by ordinary mail, while those whose names or addresses were unknown could be notified by publication. Such methods of notice are valid only if all defendants have substantially identical interests.

Service on Business or Organization

On Officer or agent

State Law Methods

Service on Minor or Incompetent Person

Use state law method in which service is to be made

Service on Parties in a Foreign Country

As directed by American Court

By Method allowed in a foreign court

By method allowed by foreign official

Personal service unless prohibited by foreign

Mail unless prohibited by foreign count

D may Waive the Service of Process

(1) P mails to D

Copy of Complaint

2 Copies of the Waiver Form

Prepaid Return Envelope

(2) D must return the executed form

within 30 days

Within 60 days (IF outside the US)

Individuals and Entities

It can be used for both

Effect on Waive

The defendant does not waive defenses by waiving service

Do NOT waive

When is Waiver Effective

Waiver is effective the D P files waiver in Court

Consequences for NOT Waiving Service

Defendant pays for service as a penalty for not waiving (UNLESS GOOD CAUSE)

Proof of Service

Process server files report with court

If the server is civilian, the report is by affidavit

Affidavit: Statement under Oath

Geographic Reach of Service

It may be served in ANYWHERE in the state

It may be served outside that state IF state law ALLOWS

PJ is exactly the same analysis in federal court as in state court

IMMUNITY

Defendant is is immune from process while appearing in another case

Service of Other Documents

What documents?

Answers

Other pleadings

Motions

Discovery

How? To attorney or pro se party

Personal delivery

Mail

Email (if parties agree)