Personal Jurisdiction

Question 1

Two Step Analysis for PJ

Answer 1

1. Statutory
2. Constitutional
* (Does the defendant have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice?)

Question 2

Constitutional Analysis (3 Factors) (International Shoe)

Answer 2

1. Contact: Purposeful availment and foreseeability;
2. Relatedness (“arise out of and relate to”). Relatedness determines whether jurisdiction will be based on general PJ or specific general PJ; and
3. Fairness (specific PJ only): Burden/convenience, state’s interest, and plaintiff’s interest.

Question 3

Contact (International Shoe)

Answer 3

1. Purposeful Availment: Voluntary Act targeting the forum
2. Foresseability: Is it forseeable that defendant could be sued in the forum

Question 4

Relatedness (International Shoe)

Answer 4

Does the plaintiffs claim arise from or relate to D’s contact with the forum
* Do they have substantial contacts with the forum
* If this test is satisfied, the court has specific personal jurisdiction over the defendant
* For General PJ you need to be “at home” in the jurisdiction (Human = Domicile/where served with process) (Corp = State or Incorporation & Principle Place of Business)

Question 5

Fairness (International Shoe; Only for Specific PJ)

Answer 5

For fairness, we assess whether PJ would be fair (or reasonable) under the circumstances.
1. Burden on the defendant and witnesses (need to show they would be at a severe disadvantage)
2. State’s interest
3. Plaintiff’s interest