Personal Jurisdiction Review

1
Personal Jurisdiction Review

• Civil Procedure Section 1
• Waterstone

2
Personal Jurisdiction Review

• Does any court in the state have the power to
  hear this case involving a particular defendant?
• First, look to long-arm statute.
• State (or federal government) can take less
  jurisdiction than constitution allows.
• First step is to see if within long-arm statute.
  If not, then no jurisdiction.
• If within long-arm statute,
• Need to conduct constitutional due process
  analysis.

3
Personal Jurisdiction Review

• Constitutional analysis
• Used to be that for in personum, needed personal
  service within state. This established notice
  power. For in rem and quasi-in-rem, service by
  publication OK for notice land itself provided
  states basis of power. (Pennoyer).
• Now, both notice and power (or consent) are
  independently required.

4
Personal Jurisdiction Review

• Power Minimum Contacts
• Nature of contact
• Purposeful availment (stream of commerce cases
  Internet sliding standard)
• Relatedness (unless general jurisdiction)
• General jurisdiction automatic for individuals
  domicile and for corporations PPB state of
  incorporation.
• Fair play and substantial justice
  (reasonableness)
• Burden on non-resident D (Burger King high
  burden)
• Alternatives available to P (is there another
  forum?)
• Forum states interest in resolving matter.
  (McGee CA interest)
• Interstate judicial systems interest in
  efficient resolution
• Shared interest of other states in furthering
  substantive social policies. (Kulko shared
  custody)
• If P establishes that Ds contacts satisfies
  purposeful availment and relatedness, burden is
  on D to show unreasonable.

5
Personal Jurisdiction - Review

• Consent
• Can always consent to jurisdiction even if court
  would not have power under MC analysis.
• Carnival boilerplate choice of forum clauses
  generally OK.

6
Personal Jurisdiction Review

• Notice
• Independently constitutionally required.
• General standard is that notice has to be
  reasonably calculated, under all circumstances,
  to apprise interested parties in the pendency of
  the action.
• In federal court, Rule 4 provides basis for how
  this is done.

7
Personal Jurisdiction Review

• Self-imposed restraints on power even if court
  has personal jurisdiction over defendant, there
  may be instances where the court will not
  exercise jurisdiction.
• Long Arm Statutes state or federal statutes
  than take less jurisdiction than is
  constitutionally permissible.
• Venue 28 U.S.C. s 1391
• Forum non conveniens (there is another preferable
  locale case is dismissed) transfer under 28
  U.S.C. s 1404 (case transferred to another
  federal district court)