Personal Jurisdiction

What is the core question of Personal Jurisdiction?

Can P sue D in this state?

Describe REQUIREMENT 1 of Personal Jurisdiction.

Statutory Basis (The Invitation to Court)
LSDC (Loyola School District of Columbia)

1. Long arm statute (establish jurisdiction over non-residents, 99% of time leading to specific jurisdiction)

2. Service of process (e.g. tagged - Bob was served)

3. Domicile (e.g. Bob - Bob was domiciled)

4. Consent (establishes jurisdiction)

A case is filed in federal court. What Statute must the fed court rely on?

State statute

Describe REQUIREMENT 2 of Personal Jurisdiction.

Constitutional Due Process Analysis

Power (GJ or SJ)

2. NOTICE Requirement (Mullane)

Did D receive Notice that was "reasonably calculated, under all the circumstances, to apprise/inform interested parties of the pendency of the action" through the below methods?

2a. Rule 4 - Fulfilling Notice: Service of Process

Humans

1. Walk up to D and hand over the documents (personal service)

2. Serving a resident of D’s usual abode/home of suitable age and discretion

3. Serving D’s agent (appointed by contract or by law)

4. P mails a form; D waives service of process via mail for an extension (totaling 60 days)

5. Any state law method

Businesses

1. Serve someone with sufficient responsibility (an officer, managing agent, President, Secretary)

2. P mails a form; D waives service of process via mail for an extension (totaling 60 days)

Time to move to GJ and SJ to establish jurisdiction.

Describe General Jurisdiction.

General Jurisdiction

D may be sued in the forum for any claim, anywhere in the world if D is “at home.”

Humans:

1. Domicile

2. D or D’s agent is present and served (roving bubble of jurisdiction)

Corporations:

1. State of incorporation

2. Principal place of business (nerve center - where decisions are made for the corporation)

(Company can be sued in either)

If D is at home → General PJ is valid.

If not → analyze Specific PJ.

Describe Specific Jurisdiction.

Specific Jurisdiction

Did the D have 1) such minimum contacts with the forum so that 2) jurisdiction doesn’t offend traditional notions of fair play and substantial justice?” (International Shoe)

Three Elements MUST Be Satisfied: Purposeful Availment, Relatedness (Sliding Scale), and Fair Play & Substantial Justice

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ELEMENT 1 OF THE SLIDING SCALE: Purposeful Availment (Contact)

1a. Is there an intentional, purposeful contact between D and forum? (e.g. driving, making money, or somehow benefitting from the forum state). Physically stepping foot in forum is not necessary.

1b. Could D foresee being sued in the forum? (foreseeing the product will end up there is not enough)

1c. Stream of Commerce Theories:

Should Purposeful Availment be established?

Brennan: Only if D could reasonably anticipate it’ll end up there. (TSMC can anticipate the iPhone batteries will end up in CA)

O’Connor: Brennan + intent to serve the state. (TSMC may not have intent to serve CA)

Purposeful Availment Cases:

VW: Plaintiffs drove the car unilaterally. No Purposeful Availment = no PJ.

Calder (for tortious cases): Two FL Ds published a newspaper defaming a CA movie actress, causing harm in CA. (standard 3 element analysis).

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ELEMENT 2 OF THE SLIDING SCALE: Relatedness

Does P’s claim arise out of OR relate to D’s purposeful availment/contacts?

Relatedness Cases:

Bristol Myers: You cannot borrow relatedness. CA Plaintiffs’ claims were related to BMS’ activities in CA. However, OH Plaintiffs did not purchase, ingest, or get harmed in CA. No relatedness between Bristol Myers’ purposeful availment and the OH Ps injuries.

Ford: Car unilaterally ended up in MN, but Ford’s efforts to maintain a market in MN establishes contacts and relatedness.

If sliding scale elements fail → you MUST have GJ.
If sliding scale elements succeed → proceed.

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3. ELEMENT 3: Fair Play & Substantial Justice

5 Fairness Factors to Weigh:

1. Burden on D (Hard to establish; so gravely inconvenient)

2. P’s interest in convenient and effective relief (e.g. convenience for injured party)

3. Forum state’s interest (e.g. enforcing road safety)

4. Efficiency (where are the witnesses?)

5. Shared interest in substantive social policies (rare)

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If ALL THREE (PA + Relatedness + FPSJ) → Specific PJ exists.

If any element fails → No Specific PJ.

D lived in NJ. Claim arose in NJ. But D was served/sued in CA. (Burnham)
Question: Should we go with Specific Jurisdiction or General Jurisdiction here?

Theory 1: Scalia: At home = GJ. SJ is the alternative if GJ doesn’t work.

Theory 2: Brennan: International Shoe is the new law. We shall always check for Minimum Contacts and Fairness.

Articulate Specific Jurisdiction for internet cases.

Specific Jurisdiction for the Internet (Zippo)

Go through the same SJ analysis.

Purposeful Availment:

Passive Websites (e.g. a blog post). No interaction or purchases. No jurisdiction.

Interactive Websites (e.g. insurance quote site): P inputs information. Sliding scale analysis.

Active Websites (e.g. Amazon): Specific jurisdiction established.

What do you need for Personal Jurisdiction?

Statutory basis + Due Process + GJ or SJ