Personal Jurisdiction Case
I. Personal Jurisdiction – in what state can the P sue the D? a. Two step-analysis i. Satisfy a statute AND ii. Satisfy the constitution (due process) b. In Personam Jurisdiction – jurisdiction over person, not property, b/c of some contact b/t D and forum state i. Statutory Analysis 1. Every state has statutes allowing jurisdiction based on domicile, presence instate when served w/ process, and consent (implied or actual). 2. Long-arm statute ( allows jurisdiction over non-residents ii. Constitutional Analysis (International Shoe) 1. Test ( Does D have “such minimum contacts w/ the forum so that exercise
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Factors a. Contact – some tie b/t D and forum i. Purposeful Availment – D’s voluntary act 1. i.e. D ships goods into forum state or D uses roads or causes effects in forum state ii. Foreseeability – D would get sued in this forum b. Fairness i. Relatedness – b/t contact and the claim 1. not always necessary to have relatedness if have substantial ties w/ the forum a. i.e. D domiciled there, business there, served w/ process there can be sued in that state under general jurisdiction ii. Convenience – forum ok unless puts D at a severe disadvantage in the litigation iii. State’s interest – provide forum for its citizens
TIP: My parents frequently forgot to read childrens’ stories M – minimum contacts P – purposeful availment F – foreseeability F – …show more content…
Domicile – 1. presence instate AND 2. subjective intent to make permanent home b. Corporation – can have more than one place of citizenship i. State where incorporated AND ii. One state principal place of business 1. Only one PPB a. Headquarters OR i. Most use this to designate unless all activity is in one state b. Most production or service activity c. Un-incorporated associations i. Use citizenship of ALL ITS MEMBERS d. Decedents, minors, incompetents i. Look to their citizenship NOT the representative’s citizenship ii. Amount in controversy – good faith allegation the claim in the complaint exceeds $75,000.00, exclusive of interest and costs 1. Aggregation – adding together two or more claims to meet amount in controversy
Factors a. Contact – some tie b/t D and forum i. Purposeful Availment – D’s voluntary act 1. i.e. D ships goods into forum state or D uses roads or causes effects in forum state ii. Foreseeability – D would get sued in this forum b. Fairness i. Relatedness – b/t contact and the claim 1. not always necessary to have relatedness if have substantial ties w/ the forum a. i.e. D domiciled there, business there, served w/ process there can be sued in that state under general jurisdiction ii. Convenience – forum ok unless puts D at a severe disadvantage in the litigation iii. State’s interest – provide forum for its citizens
TIP: My parents frequently forgot to read childrens’ stories M – minimum contacts P – purposeful availment F – foreseeability F – …show more content…
Domicile – 1. presence instate AND 2. subjective intent to make permanent home b. Corporation – can have more than one place of citizenship i. State where incorporated AND ii. One state principal place of business 1. Only one PPB a. Headquarters OR i. Most use this to designate unless all activity is in one state b. Most production or service activity c. Un-incorporated associations i. Use citizenship of ALL ITS MEMBERS d. Decedents, minors, incompetents i. Look to their citizenship NOT the representative’s citizenship ii. Amount in controversy – good faith allegation the claim in the complaint exceeds $75,000.00, exclusive of interest and costs 1. Aggregation – adding together two or more claims to meet amount in controversy