Talkin' bout PJ
(FRCP 4(k)(1))
Personal Jurisdiction - Sometimes referred to as territorial
jurisdiction, it is a reflection of the geographic limitations on
the judicial power of the sovereign states within our federal
system.
Specific Jurisdiction
General Jurisdiction
Is there statutory
authority?
REMEMBER, IF D DOES NOT CHALLENGE PJ UNDER
FRCP 12(b)(2) THERE IS NO CHALLENGE AS THE
DEFENSE IS NO LONGER AVAILABLE UNDER FRCP
12(h)(1)
No
Not authorized by
long-arm, NO PJ
Yes
Analyze under the trad'l
Pennoyer basis and
discuss majority and
dissent in
Burnham/Shaffer
General Jurisdiction 1. Corporate defendant?s affiliations with the forum are so
continuous and systematic as to render it essentially at
home in the forum state (so basically incorporated state
and HQ) (Daimler AG)
2. Also for D's served in forum, D's registered agent
served in forum, domiciled in forum
Yes
Book it under
Hess
Yes
Consent
Jurisdiction Staute
applies?
No
Is there a trad'l
basis for PJ?
Ya done
Option
No
Start the Int'l Shoe
Test for DUE
PROCESS
CLAUSE
Relevant Minimum
Contacts
The Nexus
Requirement (Int'l
Shoe)
1. D served in forum
2. D's registered agent
served in forum
3. D is domiciled in forum
4. D makes appearance
5. In Rem/Quasi in Rem
No PJ
Effects
PJ
Single
Act PJ
Ks, Streams
of Commerce
General
PJ
Fair Play Factors
(McGee)
OTHER CONSIDERATIONS
1. Purposeful Availment by D
(McGee), can't be Plaintiff's
1. Is the jurisdiction fair (and does
unilateral actions (Hanson), can
1. Does the claim arise from the
that matter under Asahi and
be evidenced by targeting state
defendant's activities in the state?
Nicastro?)
and causing effects (Calder)
2. Has the defendant excercised
2. Fair Play Factors
2. Foreseeability they could be
the privilege of conducting
a. Burden on D
haled into court (WWV) and not
activities within the state and thus
b. Plaintiff's Interest
based on fortuitous
have obligations?
c. Forum State's Interest
circumstances (does not travel
3. IF NO, NEED GENERAL
d. Litigation considerations such
with chattel) (WWV)
JURISDICTION
as location of wtinesses,
3. Stream of Commerce
evidence, etc.
Defendant must purposefully
target jurisdiction? Nicastro/Asahi
1. Does this fall under internet jurisdiction? (If so, discuss Rao and their adoption of the
Zippo test)
2. If there is a contract in dispute, discuss Burger King and the court's defference to
purposeful availment of large, negotiated contracts but not so much for individual consumer
contracts.
3. Class action lawsuits are a thorny issue for standing, discuss plaintiff's standing in the
lawsuit as found under Bristol-Meyers Squibb)
4. Forum Selection Clauses are most likely valid unless they are made with:
a. "bad faith motive,"
b. Based in Fraud
c. No notice is given to Plaintiff