Forum Selection: PJ!!!

Question 1

PJ Defintion

Answer 1

Court’s power over the parties. Does the D have sufficient contacts with the forum state so that the exercise of PJ is fair and reasonable?

Question 2

P’s PJ?

Answer 2

P filing is consent for PJ

Question 3

Two-Step Analysis!!

Answer 3

1: PJ must fall within state statute and 2: PJ must satisfy Constitution’s Due Process

Question 4

Difference in analysis whether the case is in federal or state court?

Answer 4

No, a federal court would decide whether it has PJ over a D in exactly the same way as a state court would, the federal court would use the forum state’s long arm statute

Question 5

Applying the 2 step analysis!!!!

Answer 5

1: Apply forum state’s long arm statute, 2: ask Does the D have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice?

Question 6

Constitutional Analysis Q & factors assessed to A

Answer 6

Q: Does the D have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice? Factors: contact, relatedness, and fairness

Question 7

Const. Analysis: Contact

Answer 7

Must be relevant minimum contacts between the D and the forum state.

Question 8

Const. Analysis: Contact - Purposeful Availment

Answer 8

Voluntary act that the D must reach out to the forum and the contact must result from their targeting of the forum

Question 9

Const. Analysis: Contact - Foreseeability

Answer 9

Is it foreseeable that D could be sued in the forum?

Question 10

Const. Analysis: Relatedness

Answer 10

Does P’s claim arise from or relate to D’s contact with the forum?

Question 11

Const. Analysis: Relatedness - A: Yes

Answer 11

Specific PJ

Question 12

Const. Analysis: Relatedness - A: No, general PJ

Answer 12

D either must be at home in the forum or must have registered to do business in the state and have appointed an agent for service of due process there

Question 13

Const. Analysis: Relatedness - General PJ: Human

Answer 13

Where D is domiciled or where D is served with process

Question 14

Const. Analysis: Relatedness - General PJ: Corporation

Answer 14

The state in which it is incorporated and the state in which it has its principal place of business

Question 15

Fairness (specific PJ only)

Answer 15

burden/convenience on D and witnesses; state’s interest, the forum state may want to provide a courtroom for its citizens who are allegedly being harmed by out-of-state Ds; P’s interest

Question 16

Constitutional Test Summary for PJ

Answer 16

1: Contact - purposeful availment and foreseeability; 2: Relatedness - arise out of and relate to the contacts with the forum; 3: Fairness (specific PJ only) - burden/convenience, state’s interest, and P’s interest