Personal jurisdiction Flashcards
In rem proceedings: constitutional requirements
Although in rem proceedings are commenced against property, they must still satisfy due process requirements for personal jurisdiction because they affect the rights of individuals in the property.
Due process is met if the notice is “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.”
Motion to set aside the judgment for lack of notice
Any absent defendant who does not personally receive notice may set aside the judgment at any time within one year of the final judgment.
Consent to personal jurisdiction
The consent may be express, implied, or made by a voluntary appearance to defend the case on the merits.
Quasi-in-rem proceedings
Quasi-in-rem jurisdiction requires minimum contacts to exist between the defendant and the forum state before jurisdiction will apply.
If a court cannot constitutionally assert personal jurisdiction over the defendant, then there is no jurisdiction: neither in personam nor quasi-in-rem.
In rem proceedings
In general, for in rem jurisdiction to exist, the property at issue must be present within the forum state.
Jurisdiction is not based on in rem jurisdiction if the property or status of the property is not the primary object of the action, e.g., who has title.
Rule 4(k)(2) jurisdiction: non-U.S. residents
Rule 4(k)(2) is generally used for non-U.S. residents who have contacts with the United States generally, but not with any one state in particular—i.e., when no state court could exercise jurisdiction over the foreign corporation.
Although Rule 4(k)(2) provides for personal jurisdiction by a federal court when no state court can exercise jurisdiction over the defendant, it requires both that:
(1) the claim against the defendant be based on federal law and that
(2) there be minimum contacts such that the exercise of personal jurisdiction in federal court is consistent with the laws of the United States and the United States Constitution.
Corporate structure: alter ego
In the absence of evidence that a corporation is the alter ego or mere agent of another corporation, each corporation is a separate legal entity.
The fact the one corporation owns a controlling interest in another corporation is not justification for a court to ignore the separate status of each corporation for purposes of determining whether the court has personal jurisdiction over each corporation.
Quasi-in-rem proceedings: enforceable judgment
Once a court with personal jurisdiction over a defendant renders a judgment, that judgment is enforceable by a court in another state by seizure of the defendant’s property located in that state, even if the defendant does not have minimum contacts with the state.
Specific jurisdiction
A court has specific jurisdiction over a defendant when a cause of action arises out of or closely relates to a defendant’s contact with the forum state, even if that contact is the only contact with the forum state.
Minimum contacts
To warrant the assertion of in personam jurisdiction, a defendant’s contacts with the forum state must be purposeful and substantial, such that the defendant should reasonably anticipate (foresee) being taken to court there.
Foreseeability depends on whether a defendant recognizes or anticipates that, e.g., by running his business, she runs the risk of being party to a suit in a particular state.
General jurisdiction
A state may exercise general person jurisdiction over a defendant if:
- The defendant is domiciled in the state; or
- The defendant has continuous and systematic contacts with the forum state.
General jurisdiction confers personal jurisdiction even when the cause of action has no relationship with the defendant’s contacts with the state.
General jurisdiction: corporations
A state may exercise general personal jurisdiction over a corporation if its contacts render it essentially “at home” in the forum state.
A corporate defendant is always at home in:
(1) the state of the corporation’s place of incorporation; and
(2) the state of its principal place of business.
