Personal Jurisdiction Flashcards
Bases of Jurisdiction
Individual, Corporatation, Partnership,
Consent OR Domicile of individual OR Person present in state and served (transient)
State of incorporation OR Minimum contacts: related claims to defendants contacts OR unrelated claims that are so substantial they are “at home”.
Asahi and Nicastro: Stream of Commerce (SoC)
Issue: Does the Defendant a contact with the forum merely because its product reaches the forum through SoC? (Nicastro>Asahi)
What was the Brennan and O’Conner view in Asahi? What was the Brennan/Ginsberg, Breyer and Kennedy view in Nicastro?
Asahi: Brenna - Yes, if defendant is AWARE its product is going to that forum through SoC. O’Conner - Yes, if defendant is AWARE and engages in additional activity showing an intent or purpose to serve the forum market.
Nicastro: Kennedy - 1. Defendant is aware and 2. targets the forum (presumably the same type of conduct as O’Conner requires) and 3. must target the VERY STATE that is the forum, not the U.S. generally. Breyer - 1. More than a single or isolated sale 2. Needs either more sales or additional conduct showing an intent to serve the market (cf. O’Conner). Bren/Gin - D is AWARE its product is going to the forum through SoC or targets the US as a whole.
Does a federal court have broader PJ than a state court? (Tricky question)
A federal court can reach a defendant that a state court could reach. In general, serving someone in the forum establishes PJ over that defendant who is joined under r. 14 or 19 and is served within a US judicial dist. And not more than 100 miles from where the summons issued or when authorized by fed statute.
This means that the fed court in houston could establish pj over a defendant in Louisiana because its within a 100 miles. Also a handful of federal statutes provide for nationwide jrd. (4(k)(1)(C)).
If the defendant is not subject to jrd in any state court, can you subject them pj in federal court?
Yes, if the claim arises under federal law. This could be the case where a foreign defendant has US contacts through the internet, but not enough in any one state.
Define Personal Jurisdiction
Personal jurisdiction concerns the power and authority of a court to render a binding enforceable judgment over the parties to the dispute.
14th amendment (Due Process) and Artivle IV Full Faith and Credit Clause
14th - no state shall deprive any persons to life, liberty, and property without the due process of law. *ensures states, through their courts, do not reach beyond the limits imposed on them by their statutes as coequal sovereigns in a federal court.
FFC - Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. *every state must enforce valid judgments from other states and respect their statutes.
To confer PJ over non-resident defendants, it must be authorized by a state’s long-arm statute. What are the two types?
- Extends to Constitutional Limit - authorizes courts to exercise jrd to the const limit. “As long as it’s non inconsistent with constitution”.
- Enumerated Act Model - authorizes courts to exercise jrd if the facts of the case fall within one of the categories articulated in the long-arm statute. “Jrd over nonresident for conduct arising from…xyz”
Where is an individual’s domicile for purposes of PJ? Corporation? (Citizen of the state)
Persons: US citizen or perm resident. Presence in the forum. Intent to remain.
Corporations: state of incorp OR PBB.
Transient Jrd: BURNHAM
What’s the Scalia view? Brennan?
Transient jrd allows a state to exercise jrd when Shoe would seem to forbid it.
Scalia - they were served in state, so there’s jrd because its the traditional rule.
Brennan - you’re there, you can afford to be there AND you’re benefitting from the state (police, roads, hospitals).
If the minimum contacts are unrelated, can someone still be subject to PJ in that forum?
Yes, under General Jurisdiction. So many contacts they’re “at home”. No longer the “substantial and continuous” test. Not looking at raw volume by percentage of all contacts in all places. Court is looking for one or possibly two states where they are “at home”. Could be the PBB, but that’s just one way to look it. Doesn’t mean, there isn’t another state where they have a majority of contacts. The test is “at home. Could be 2-3 states for a corporation.
Does a defendant need to purposefully avail themselves to the forum? What does that mean?
Yes, it must be the defendant’s contact with that forum, not a third parties.
Purposeful Availment - Another way of saying contact, but D has itself acted purposefully toward the forum, then D has a contact. Contacts with the forum show “purposeful availment”. Without PA, there is no contact.
Stream of Commerce addressed this further. Different views on SoC and whether the there is PJ.
Define Minimum Contacts (Shoe)
A D must have sufficient minimum contacts within the forum state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice. - International Shoe
What are the two ways of challenging PJ?
Direct Attack by Special Appearance - appear just to challenge jrd, but lose then you must go through litigation. Maybe appeal later.
Collateral Attack - take a default judgement in state A and then challenge state A’s jurisdiction
What if the D never actually stepped foot in the forum, but contracted with a company in another state? (Burger King)
Contractual negotiations and an ongoing contractual relationship constitute sufficient minimum contacts to establish personal jurisdiction, even when the defendant was never physically present in the state.
Consider the place of negotiation, execution, and performance of the contract to consider whether the contract solicitation, negotiation, and course of conduct support finding of purposeful availment.
Does a court always proactively enforce PJ?
No, there’s low scrutiny especially with commercial transactions. You and consent to PJ and waive any objections by doing something as simple as showing up and submitting your answer. This promotes efficiency.
