Civil Procedure - Personal Jurisdiction

oni2051's version from 2016-11-29 22:02


Question Answer
3 Questions for Personal JurisdictionIs there a traditional basis for personal jurisdiction? Does a long-arm statute apply? If long-arm statute applies, would its application be constitutional under 14th Amendment Due Process considerations?
Jurisdiction over propertyin rem jurisdiction is when the totality of an entity's property is brought before the court; quasi in rem is a money judgment against defendant (partial property); status jurisdiction is jurisdiction due to a marriage, divorce, or adoption proceeding
Pennoyer v. Neff casecourt lacked personal jurisdiction (defendant in another state), in rem jurisdiction (was not for all of defendant's property), and quasi in rem jurisdiction (failed to attach piece of property at beginning of trial); personal jurisdiction was challenged under the 14th Amendment and case was dismissed
Grace casedefendant was served while flying over Arkansas; court upheld personal jurisdiction
Milliken casedefendant's domicile was WY but was in CO and was served; personal jurisdiction of CO courts is proper because of defendant's presence in state
Adam v. Saenger casein the case of a counterclaim, plaintiff is automatically subject to personal jurisdiction because he called defendant there to begin with
Hess v. Pawloski casePA resident was driving in MA and struck plaintiff; MA had an implied consent statute that said drivers using MA roads impliedly consent to the MA registrat as their registered agent, therefore MA personal jurisdiction is proper
International Shoe v. Washington caseDE corporation with principal place of business in Missouri; employed a dozen salesmen in WA; WA brought suit for unpaid taxes; minimum contacts of International Shoe with WA and because the suit would not offend the traditional notions of fair play and substantial justice under the 14th Amendment Due Process Clause, personal jurisdiction was upheld; test for personal jurisdiction, then, became minimum contacts plus fairness (fair play and substantial justice)
Gray v. American Radiator casewater heater exploded in IL home due to faulty valve manufactured in OH; IL had a long-arm statute that said jurisdiction can be asserted over anyone who commits a tortious act in IL; court upheld jurisdiction over OH manufacturer
McGee v. International Life Insurance Co caselife insurance company refused to pay claim; CA court found against insurance company and plaintiff attempted to enforce judgment in TX under Article 4 Full Faith and Credit; court said judgment can be enforced in TX because of company's single act in CA of selling the policy
Hanson v. Denckla caseFL court did not have jurisdiction over a DE trustee; business must purposefully avail itself of the laws and protections of the state seeking jurisdiction
Worldwide Volkswagen caseplaintiffs purchased car in NY and drove to OK; car burst into flames; court in OK did not have personal jurisdiction over NY dealership because dealer had no contact with the state of OK and could not reasonably anticipate being haled into court there; must be purposeful availment to withstand due process
Burger King v. Rudzewicz caseMI defendant contracted with Burger King, a FL corporation, but then stopped paying the franchise fee; Burger King sued in FL court per forum selection clause in franchise contract; court said FL had jurisdiction over franchisees because they had purposefully directed their activities toward the forum litigants; had voluntarily signed the contract and contract was valid under FL law, therefore FL had personal jurisdiction
Jurisdiction v. Choice of Lawdefendant's contacts with a state must be purposeful and assertion of jurisdiction must be fair under the circumstances; once personal jurisdiction is found, apply choice of law; a state's choice of law provision may reuire application of another state's substantive law, such as if suit ws properly filed in state B but cause of action occurred in state A; may have personal jurisdiction in state B, but state B's choice of law provision may require application of state A's substantive law
Asahi Metal casedue process requires something more than the manufacturer knowing that its product would end up in the stream of commerce; in this case, defendant had no advertising, no specific targeting, and no purposeful contracts so general jurisdiction did not exist
Helicopteros Nacionales casepurchased helicopters in TX and underwent training in TX but court said fair play and substantial justice would be offended so TX general personal jurisdiction could not be upheld
Pebble Beach casedefendant was a small bed and breakfast in England with website; website was not interactive and therefore defendant did not avail himself of the U.S. as a judicial forum so no general personal jurisdiction
Burnham caseMr. and Mrs. Burnham separated and Mrs. Burnham moved to CA from NJ; Mr. Burnham flew to CA on business and to visit his children and ws served with divorce papers; court said CA had personal jurisdiction because of his presence in the state at time of service
12h1defendant who fails to raise an objection to personal jurisdiction in the answer or in an initial motion is subsequently precluded from raising the issue (use it or lose, threshold defense)
Arbitration and Personal JurisdictionA party that agress to litigate in a jurisdiction consents to the jurisdiction of the court that has jurisdiction over that forum
Carnival Cruise Lines v. Schute caseplaintiff's cruise ticket designated FL courts as proper jurisdiction for any litigation; plaintiff sued in a WA court and court dismissed citing that suit must take place in FL per agreement; fairness is still considered but in this case it was not unfair for the plaintiff to have to travel to FL to sue
Perkins v. CCH Computax caseNC plaintiff bought CA software; license agreement had CA forum selection clause; court said absent a strong showing that it should be set aside, the forum selection clause should be enforced (unless enforcement would be unreasonable or unjust)
Business Registration and Consent to Jurisdictiona company registering to do business in a state is regarded as having consented to that state's jurisdiction; courts can reject a claim to jurisdiction in a state where a business is registered only but doesn't actually do business there
Ratliff v. Cooper Labs casebusiness registered in SC to take advantage of statute of limitations; court said there needed to be more than just registering in the state to assert personal jurisdiction
Personal Jurisdiction Summaryin a diversity action, personal jurisdiction may be exercised over a nonresident if the long-arm statute of the foreign state confers personal jurisdiction over the defendant AND exercise of such jurisdiction by the forum state comports with the 14th Amendment's Due Process Clause (fair play and substantial justice); if long-arm statute lists certain issues that confer jurisdiction, one must first analyze whether the long-arm statute would apply; if it does apply, then apply the 14th Amendment Due Process fair play and substantial justice analysis; if the long-arm statute extends to the limits of Due Process, the court must determine whether the exercise of jurisdiction satisfies due process; assertion of personal jurisdiction satisfies due process when defendant has purposefully availed himself of the benefits and protections of the state and the assertion of jurisdiction would comport with traditional notions of fair play and substantial justice
Registered Agentcan include a clause in a contract that requires the appointment of a registered agent in the state where plaintiff wants to assert personal jurisdiction; "by signing this contract, you hereby appoint the Secretary of State of the State of Grace as your registered agent"