Personal Jurisdiction & Subject Matter Jurisdiction

Pennoyer

The 14th Amendment had specific rules for personal jurisdiction, and Oregon, due to Pennoyer's location in California, lacked PJ over him.

Hess

Transportation (i.e., driving on state highways) = consent/implied consent to PJ.

Milliken

The court held that the forum state had PJ over the domiciles of that same state.

Shoe

A forum state can constitutionally exercise PJ over an out-of-state D where 1) out-of-state D has sufficient minimum contacts with the forum state; 2) maintenance of the suit does not offend traditional notions of fair play/substantial justice; 3) relationship/ties between contacts and claim.

Minimum contacts

A defendant needs to have 'minimum contacts' with a state in order to be brought under a court's PJ. Minimum contacts = proxy for physical presence where there is a tie between the claim and the contacts.

Hanson

The situs of the trustee (Delaware) is the 'at home' state, the trustee's mailings to the decedent in FL do not constitute minimum contacts.

Purposeful availment

A defendant must 'purposefully avail' itself to actions, business, or benefits of a state in order to be brought under the state's PJ. (Purposeful availment = proxy for minimum contacts).

Schaffer

Held Shoe's PJ framework—that a defendant be subject to PJ in a state only if they 'have certain minimum contacts with it such that the maintenance of suit does not offend 'traditional notions of fair play and substantial justice'—applied both to individual and corporate defendants, and applied to cases brought against people (in personam) and against property (in rem).

WWV

Forseeability that a product will enter a state does not constitute purposeful availment.

Nicastro

Minimum contacts are established by acts that 'target the forum', targeting every state ≠ targeting a specific state.

Goodyear

Goodyear's foreign subsidiaries targeted NC in a limited way, but injuries occurred in France, so NC has neither specific NOR general PJ.

Daimler

While Mercedes-Benz USA had extensive contacts, Ps/P's injuries had nothing to do with the US, so CA has no PJ.

Personal Jurisdiction

Personal Jurisdiction: Whether a court can exercise power OVER A DEFENDANT.

General Personal Jurisdiction

When D has such strong contacts with a state that the state may exercise personal jurisdiction over them regarding a diverse array of claims.

Individual domiciliary

An individual domiciliary is determined at the time of filing.

Corporation's domicile

A corporation's domicile is determined by the location of its incorporation AND the location of its principal place of business (i.e., headquarters, flagship store).

General PJ criteria

D can be held to general PJ when they operate so continuously and systematically as to render them 'AT HOME'.

Dube's Favorite FRCP

Rule (4)(k)(1)(a): The personal jurisdiction of a federal district court is, generally speaking, the same as the personal jurisdiction of a state court in the same place.

Summons/Waiver

In general, a summons/waiver establishes PJ over a defendant.

Specific Personal Jurisdiction

Can be applied when D has satisfied the minimum contacts AND purposeful availment requirements.

Claims relation

Claims MUST arise out of/relate to D's minimum contacts.

Tag Jurisdiction

When D voluntarily comes into the forum state and is appropriately served with process, that forum state will be able to exercise personal jurisdiction over D regarding that particular case that was served.

Important Rules for Tag Jurisdiction

D is physically present in the state of their own, knowledgeable volition. D is properly served ("tagged") with the process while there.

Stream of Commerce

Forseeability alone is insufficient to establish PJ over D. D MUST have sought to do business in the forum state.

Consent to Jurisdiction

Implied consent → Minimum contacts.

Express Consent

Specific agreement to submit to jurisdiction.

Power

The authority of a court to make legal decisions and judgments.

Notice

The requirement that a party be informed of legal proceedings affecting their rights.

Domicile

The place where a person has their permanent home.

“At Home”

A standard for determining general personal jurisdiction based on a defendant's connections to the forum.

Specific PJ

Personal jurisdiction that arises from a defendant's specific activities within the forum state.

“Claims arising out of”

Refers to the requirement that a claim must be connected to the forum state for specific jurisdiction.

FRCP 12 Mechanics

Procedural rules regarding the raising of defenses in federal court.

Lack of subject-matter jurisdiction

Can be raised at any time (FRCP 12(b)(1)).

Failure to state a claim

Not waived if not filed in the first instance, the case is raised as a defense in an answer (FRCP 12(b)(6)).

Failure to join a party under Rule 19

Not waived if not filed in the first instance, can raise as a defense in an answer (FRCP (b)(7)).

Lack of PJ

Must be raised at first opportunity (Pre-Answer Motion to Dismiss/Answer, whichever happens first) (FRCP 12(b)(2)).

Improper Venue

Must be raised at the first opportunity (FRCP 12(b)(3)).

Insufficient Process

Must be raised at the first opportunity (FRCP 12(b)(4)).

Insufficient Service of Process

Must be raised at the first opportunity (FRCP 12(b)(5)).

Procedural Due Process

Stems from the 14th Amendment: 'No State shall deprive any person of life, liberty, or property without due process of law.'

Long Arm Statutes

A term where a law of a state gives its courts jurisdiction over people and property outside the state.

Jurisdiction by Contract

The legal authority to resolve disputes based on the terms agreed upon in a contract.

Choice of Law

Provides for the agreed-upon substantive law to be used in whatever forum the case is filed in.

Forum-selection clauses

Limits the filing of a case to a particular forum within the formal judicial system.

Arbitration clauses

Limits the filing of the case to no forum within the formal judicial system and only to arbitration. 

Subject Matter Jurisdiction

SMJ is a jurisdiction boundary between the powers of the state and the federal courts.

Federal Question Jurisdiction

'must arise under' the Constitution/Federal law.

Well-Pleaded Complaint Rule

A federal question MUST appear in the COMPLAINT to grant federal question jurisdiction.

Exceptions to Federal Question Jurisdiction

Some suits do not necessarily raise a federal question, but a claim can still arise under federal law if it raises a substantial question of federal law.

Specified Subject-Matter for Federal Court

• Admiralty

• Bankruptcy

• Patents under the Copyright Act

• Federal Question Jurisdiction: “must arise under” the Constitution/Federal law. 

• Original jurisdiction arising under statute.