Personal Jurisdiction
Personal Jurisdiction is the courts power over
What is party?
WorldWide Volkswagen
Continuous & Systematic Activities (Case)
International Shoe
Personal Jurisdiction has to satisfy what constitutionally and statutorily
Constitutionally: Due process
Statutorily: Rule 4k and Long Arm Statutes
Bonus for 100 Points, what is the Texas long arm?
What does it mean when a corporation is "at home" through the Perkins case?
Because the filipino corporation's president had to flee the Philippines and went to Ohio where he kept an office, maintained the company’s files, and oversaw the company’s activities. The corporation was at home and Ohio could exercise General jurisdiction.
Power over the defendant from Pennoyer v. Neff constitutes:
Presence, Domicile, Consent
Specific Jurisdiction is only constitutional when these three things (WorldWide Volkswagen)
(1) defendant has contacts, (2) Plaintiff's claim arose out of those contacts, and (3) Personal Jurisdiction is reasonable.
Unilateral activity of plaintiff does not count as minimum contacts, a Delaware Bank did not avail itself to Florida law aka "Purposeful Availment" (Case)
Hanson
The forum in Burger King had jurisdiction over the defendant because
Defendant deliberately engaged in significant activities within state or has created "continuing obligations" through a 20-year contract.
Burnham tells us how to satisfy tag jurisdiction
A defendant is served process while in the forum state.
Minimum Contacts must comport with traditional notions of fair play & substantial justice (case)
What is International Shoe?
Personal Jurisdiction in McGee, where an insurance agency was purchased by another corporation in another state and did not serve the forum state where plaintiff was from, why
The new insurance company wanted to keep plaintiff as a customer and reached out to plaintiff so he can keep insurance coverage thereby purposefully availing themselves to the plaintiff's state.
Although the damage was felt in Nevada, the action was not aimed at the forum state.
What does Burger King say about purposeful availment? There are 4 key things that kind of mean the same thing
It ensures that the defendant is not haled into a jurisdiction solely as a result of "random" "fortuitous" or "attenuated" conduct or through "unilateral activity."
(Telemedicine) express aiming test cannot be satisfied by allegations of an intentional tort so under the internet the plaintiff must:
Prove defendant had sufficient contacts within the forum and those contacts are connected to the suit.
International Shoe does away with presence requirement from Pennoyer by saying:
That a defendant can engage in substantial activity in the forum state without presence and through minimum contacts.
WorldWide Volkswagen fairness factors: (5 total) (100 bonus points for highlighting the most important).
(1) Defendant's burden (2) forum's interest, (3) Plaintiff's interest in relief (4) Judiciary's interest in resolution, and (5) State's substantive interest in furthering fundamental social policies.
Intentional Tortious conduct directed toward the forum state can create the minimum contacts necessary to support PJ in Calder created the expressed aiming tests which is: (3 factors)
(1) Intentional conduct, (2) expressly aimed at the forum, and (3) defendant had knowledge that the effects would be felt in the forum state.
Tamburo through Telemedicine gives us the injury-plus test which expands the expressed aiming test from Calder what is it?
Must prove that the defendant had consistent sufficient contact with the forum & defendant's contact was temporally & substantially related to the suit
Telemedicine also tells us more about what "something more means" what is it?
The defendant must know that plaintiff lives and works in the forum state or defendant is inflicting harm within the forum, both through intentional tortious conduct.
Contacts are a necessary requirement, but they are not sufficient to establish specific jurisdiction. In addition to having contacts with the forum state, “the relationship between the defendant and the forum must be such that it is reasonable to require the corporation to defend the particular suit which is brought there." (Case)
What is WorldWide Volkswagen?
Asahi establishes the stream of commerce idea, but the opinion was a plurality and there was two different approaches what was Justice Brennan's approach.
A => B => C; Did A purposefully avail themself to C?
Yes. As long as a participant in the stream of commerce is aware that the final product is marketed in the forum state a lawsuit cannot come as a surprise!
Asahi establishes the stream of commerce idea, but the opinion was a plurality and there was two different approaches what was Justice O'Connor's approach.
A => B => C; Did A purposefully avail themself to C?
No. Not enough that product was in the stream of commerce & could reasonably anticipate that it would be used in forum. There must be additional conduct by defendant indicating intent or purpose to serve the market in the forum.
If defendant merely operates a website that is accessible but doesn't target forum, then defendant cannot be sued there. (Case)
Telemedicine
Why was there personal jurisdiction in Ford Motors?
If a corporation systematically served the market in the forum for the products in claim then there is a strong relationship between defendant, the forum, and litigation and therefore personal jurisdiction.