Personal jurisdiction

Question 1

What is standard for PJ?

Answer 1

Does defendant have minimum contacts with the state that exercise of PJ is fair and reasonable ?

Question 2

Two step PJ analysis

Answer 2

Is there a statutory basis for PJ and does it satisfy due process under the constitution?

Question 3

Constitutional Analysis of PJ

Answer 3

Does D have minimum contacts with forum such that J doesn’t not offend traditional notions of fair play and substantial Justice?

Question 4

Three factors for constitutional PI

Answer 4

Contact, Relatedness, Fairness

Question 5

Contact - Purposeful Availment

Answer 5

Did D reach out to the forum? Contact results from reaching out to forum. Did D cause an effect in the forum?

Question 6

Contact - Foreseeability

Answer 6

If Purposeful availment applied, is it foreseeable that D could be sued in the forum?

Question 7

Relatedness

Answer 7

Does P’s claim ARISE FROM or RELATE TO D’s contact with forum?

Question 8

What if relatedness test is satisfied? What type of PJ?

Answer 8

Specific PJ - jump to fairness test

Question 9

What if relatedness is not satisfied?

Answer 9

Proceed with general PJ. To have general PJ the D must be at home or “domiciled” in the forum. Can also get PJ if SERVED in the forum.

Question 10

Where is a corporation domiciled?

Answer 10

State where it is incorporated AND the state of its principal place of business

Question 11

Specific PJ Fairness Test

Answer 11

Would jurisdiction be a burden on defendant and witnesses? (Difficult burden)

Is it in the states interest to provide a forum?

Is it in the plaintiffs interest to sue in that state?