Personal Jurisdiction

Question 1

What is personal jurisdiction?

Answer 1

Personal jurisdiction exists if the court has power over the parties.

In other words, personal jurisdiction describes the power that the court has over a party to compel them to appear for a lawsuit.

Question 2

What are the two main considerations to determine whether a court has personal jurisdiction over a party?

Answer 2

(1) whether the state has a long-arm statute that would cover the defendant
(2) whether the exercise of personal jurisdiction satisfies constitutional due process concerns

Question 3

What 3 factors should be considered when analyzing whether a court’s exercise of personal jurisdiction is constitutionally appropriate?

Answer 3

(1) D’s contact with the forum state
(2) the relatedness between D’s contact and P’s claim
(3) the fairness of requiring D to appear in the forum state

Question 4

What sub-factors are considered in the personal jurisdiction analysis for “contacts”?

Answer 4

(1) Purposeful availment: whether D’s voluntary acts in the forum state that suggest D “availed themselves” of the protections of the forum state’s laws
(2) Foreseeability: whether it was foreseeable that D’s conduct might result in D being sued in the forum state

Question 5

What sub-factors are considered in the personal jurisdiction analysis for “fairness”?

Answer 5

(1) the burden on D and D’s witnesses (must show that D would be severely disadvantaged - tough standard)
(2) the state’s interest
(3) the P’s interest

Question 6

What is specific personal jurisdiction?

Answer 6

Specific personal jurisdiction is when P’s claim “arises out of or relates to” D’s conduct in/contact with the forum state.

NOTE: Step 3 of the constitutionality test only necessary if there is SPECIFIC PJ.

Question 7

What is general personal jurisdiction?

Answer 7

General personal jurisdiction exists when D is sued in his own home state.

GPJ may save the day if the PJ constitutionality analysis fails on step 2 (relatedness).

Question 8

For purposes of jurisdiction, what is a corporation’s “home”?

Answer 8

Either:

(1) the state in which it is incorporated, OR
(2) the location of it’s principal place of business (the “corporate nerve center”)