Study Notes on Civil Procedure: General Jurisdiction and Personal Jurisdiction

Civil Procedure

General Jurisdiction

Today’s Goals and Objectives

  • Describe and apply other grounds of general jurisdiction.

  • Describe and apply general jurisdiction basics.

  • Review the Supreme Court’s minimum contacts test for specific jurisdiction.

Case Example: Dillon’s Pub

  • Dillon’s is a pub located just over the Illinois border in Wisconsin.

  • Dillon’s advertises heavily in Illinois at college campuses through billboards and fliers.

  • Dillon’s does not engage in any other conduct in Illinois or anywhere else outside of Wisconsin.

  • Greg, an Illinois college student, travels to Dillon’s pub, gets drunk, and causes an accident with Penny on his way home.

  • Greg never saw any of Dillon’s ads but went there because his friends heard of the pub and saw the ads around campus.

  • Penny sues Dillon’s in Illinois for negligently serving Greg after he was obviously drunk.

  • Dillon’s moves to dismiss the case on personal jurisdiction grounds.

Personal Jurisdiction: General Guidelines

When Are Contacts Sufficiently Extensive for General Jurisdiction?

  • For Individuals: Where individuals are domiciled.

  • For Corporations:

    • Previously, the test required companies to have “continuous and systematic” contacts.

    • This standard has changed with the Daimler case:

    • Now corporations are subject to general jurisdiction wherever they are “at home.”

Establishing General In Personam Jurisdiction

  • Corporations:

    • The primary criteria to establish general jurisdiction are:

    • Principal Place of Business

    • Place of Incorporation

    • Other locations are rare, as illustrated by Perkins v. Benguet Consol. Mining Co.

  • Individuals:

    • They are subjected to jurisdiction wherever they are domiciled, referencing Milliken v. Meyer.

Arising Out Of/Related To Requirement

  • The need for an “arising out of/related to” connection to establish jurisdiction is interrogated but not definitively settled in some contexts.

Revisiting World-Wide Volkswagen

  • In World-Wide Volkswagen, only two defendants contested personal jurisdiction; the car manufacturer and national importer did not.

  • Exploration on personal jurisdiction grounds regarding (1) pre-Daimler framework and (2) the current Daimler “at home” test is necessary for thorough understanding.

Case Example: Daimler's Manufacturing Context

  • A plaintiff purchases a car manufactured by Daimler, shipped to California.

  • The plaintiff sustains injuries in California from an alleged manufacturing defect.

  • Although Daimler has its principal place of business and incorporation in Germany, it operates 100 dealerships in California.

  • The plaintiff sues Daimler in California state court for damages arising from the accident.

Types of Personal Jurisdiction

  • In Personam (Personal Jurisdiction):

    • This jurisdiction pertains to the individual, where judgments are against the person and their assets, regardless of their location.

  • In Rem (Property Jurisdiction):

    • Jurisdiction over property for declaring ownership or interests concerning the property itself.

    • Example: Probate, Bankruptcy.

  • Quasi In Rem:

    • Type 1: Jurisdiction over property declaring a specific individual’s ownership or interest related to an aspect of the lawsuit.

    • Example: Foreclosure actions which extinguish ownership rights in favor of a creditor.

    • Type 2: This jurisdiction invokes property to provide a remedy in an unrelated action.

    • Example: A Pennsylvania citizen commits a tort against a California visitor and the latter sues in California after returning home and attaching the former's property.

Other Bases for Personal Jurisdiction

  • In Rem and Quasi In Rem: The Shaffer v. Heitner case establishes that Int’l Shoe concepts apply.

  • Transient Presence: Examined through the Burnham case where concepts about transient presence and personal jurisdiction are elucidated.

  • Consent: Jurisdiction can be established if consent is given.

  • Forum Selection Clauses: Indicates jurisdiction chosen pre-emptively in contracts.

  • Waiver: Failure to contest or raise objections concerning jurisdiction basis can lead to waiving the issue.

Transient Presence: Examples and Questions

  • Example with Doug and Portia:

    • Doug lives in Massachusetts and hits someone while driving in Boston.

    • Portia, originally from Michigan, returns to her state after the accident and is permitted to sue Doug in Michigan state court despite no ties.

    • If Doug argues against personal jurisdiction when served while in Michigan during travel, the court's ruling under Pennoyer principles needs to be assessed.

  • Tag Jurisdiction Analysis:

    • Discusses complexities using a situation where divorce complicates jurisdiction through purposeful service in Florida.

    • After Portia lures Divina to Florida for service, Divina seeks dismissal on personal jurisdiction grounds.

Additional Jurisdictional Challenges

  • Paola (from Alabama) files a lawsuit in Florida against Droober Butter (GA, FL) over a personal injury incident occurring in Tennessee, raising issues of subject and personal jurisdiction. The considerations listed range from lacking subject matter jurisdiction to minimal contacts.

  • Further Case with Pouffi:

    • Pouffi files a lawsuit in Florida against Droober Butter for discrimination, involving personal jurisdiction questions concerning COO Donna Draper, who resides in Connecticut.

    • Key inquiries include coverage of personal jurisdiction over both Donna and the entity itself, aligned with federal court jurisdiction principles.

Questions for Discussion

  • The transcript concludes prompting attendees for queries related to any of the discussed topics, emphasizing the complexity and applicability of personal jurisdiction in varied contexts.