Personal Jurisdiction <3

General Jurisdiction

100

"At Home" is their domicile

What are the Individual Requirements for General Jurisdiction?

200

"At Home" is their Principal Place of Business and Place of Incorporation

What are the requirements for General Jurisdiction for a corporation?

300

• Suit originated regarding human rights violations of Mercedes Benz Argentina (Subsidiary of Daimler) workers in Argentina, Forum state was California due to contacts of MB USA which was a subsidiary of Company. Court ruled that contacts do not render Company at home due to the root issue of the case being in Argentina and the fact that Company and its subsidiaries, MB USA and MB Argentina, do not have their principal place of business in California nor are any of them incorporated there

What happened in Daimler ?

400

• Suit originated regarding stocks, Defendant is a mining company with mining properties in the Philippine islands, when Japan occupied the islands, the company’s president/general manager/principal stockholder returned to his home in Ohio and continued carrying out of business needs for Benguet. By carrying out these business dealings, he established Ohio as the principal place of business and hence qualified for jurisdiction

What happened in Perkins? 

500

• Suit originated regarding helicopter crash, Court ruled that due to Party's principal place of business being in Colombia and only other contacts with Forum state of Texas being one visit by their CEO and limited purchases in the state, the defendant was not at home in the state due to the fact that they activity was not “continuous and systematic”

What happened in Helicopteros?

Specific Jurisdiction : Min. Contacts

100

Purposeful Availment

Relatedness

What are the two concepts established as minimum contacts test?

200

International Shoe!

What is the case that announced the minimum contacts test?

300

 Deliberate and voluntary choice to direct activity into the forum state

- In contracts

- In stream of commerce

- The Effects Test

What is purposeful availment?

What are the threads of purposeful availment?

400

“Arise out of or relate to” : Connection between defendant’s contacts with the forum and the subject matter of the plaintiff’s suit

Arise out of:

• causation
• proximate cause
• but for

Relates to:

• connection
• affiliation
• relationship
• not causation
• does not mean anything goes

What is relatedness?

500

1. Non resident claims that def. prescription drug caused injury not related to BMS contacts with forum of CA

2. Court separates “arise out of and relate to”

• Arise out of : Affiliation, relationship , connection but not that “anything goes”

3. Lettuce? No relatedness established

Cases for relatedness?

Spec. Juris. Reasonableness

100

Does the exercise of jurisdiction offend “traditional notions of fair play and substantial justice” ?

Define Reasonableness?

200

Not a must have but something to be weighed

Is reasonableness a cut and dry analysis or a balancing test?

300

• Case regarding death of wife in swimming pool in Hong Kong, Court ultimately ruled jurisdiction could be held in Massachusetts as it is almost always costly for a foreign defendant to litigate and that there would have to be special instances for this to sway the court. Tak How was also proven to have solicited business in Massachusetts by offering reservations for this company as their sole hotel. The court also brought up the convenience of the forum for the plaintiff and the concerns of political instability as well as efficiency in Hong Kong.

Application of this in Nowak ?

400

Case in regard to indemnity relating to two foreign manufacturers, revisited to look at how reasonableness was applied alongside the minimum contacts test ; Establishes factors for how to look at reasonableness , not all have to be met but rather weighed and considered. Court holds that jurisdiction is not reasonable due to the burden on the defendant that litigation in a foreign justice system (Japan) would bring, that Cheng Shin (Company that components were shipped to from Japan to Taiwan to ultimately end up in connection to California) has not proven convenience of a forum in California and that plaintiff is not a California resident hence lessening the interests of California

What is the application of this in Asahi?

500

• Establishes factors
  • Burden on def.
  • Interests of the forum state
  • Plaintiffs interest in obtaining relief
  • Interstate judicial systems interest in obtaining the most effective resolution of the controversy
  • Common interests of all sovereigns in promoting substantive social policies

What are the Factors of Reasonableness?

Physical Presence

100

Tag Jurisdiction

What is the main concept of physical presence?

200

Traditional Notions of jurisdiction - noted by Scalia in Dissent

Where does physical presence fall conceptually and who noted it ?

300

Divorce and Child Support Case

Father was in CA for work trip and visiting child when served

What happened in Burnham?

400

an individual def. can be served with process when they are found within the forum no matter how fleeting their presence , even as to lawsuits having no relation to any event occurring within the state

What is the definition of tag jurisdiction?

500

Burnham Case emphasizes that this does not negate the minimum contacts tests but is applied alongside it

Is this in contrast to concepts of specific jurisdiction?

Consent and Forum Selection

100

By signing a contract with a forum selection clause , personal jurisdiction is only valid in the forum that is expressly noted

What is Waiver of Due Process and how does it relate to personal jurisdiction?

200

Did the party consent to establishing personal jurisdiction?

What is the General question to ask when dealing with consent?

300

By doing business in state you consented by registration and hence can be held to personal jurisdiction in the forum state

• The company registered themselves in the state of Pennsylvania to engage in business and in doing so named a “commercial registered office provider” which established a location in the state for their business , by completing registration paperwork in the state consented to personal jurisdiction due to the Pennsylvania law that stated registration shall permit state courts to exercise personal jurisdiction

What happened in Mallory?

400

Dissent by Barrett : Concerns about whether registration in state to do business is voluntary

What is the dissent in Mallory?

500

Yes this is a traditional notion under a Pennoyer and Hess lens.

Is this a traditional notion of personal jurisdiction?