Civ Pro Pj.docx

Personal Jurisdiction Started with Pennoyer - Can consent to Personal jurisdiction - Can attach property w/i state to gain PJ - Service within the state is enough Int’l Shoe -

Minimum contacts test MC such that traditional notions of fair play and substantial justice are preserved If contacts relate to the cause of action, personal jurisdiction If contacts do not relate to the cause of action, then single or isolated contacts will not create PJ but continuous and systematic contacts might create PJ

McGee: Connection w/ state plus a state interest in providing residents w/ protection, plaintiff’s interest in forum state, availability of witness and  not too much inconvenience Hanson: Purposely availment of the benefits and protections of the state World-wide Volkswagen - Five factors o Burden of travel on the  o Forum state’s interest in a convenient forum o Plaintiff’s interest in a convenient forum o Interstate judicial system’s interest in efficient resolution o Shared interest of the several states in furthering fundamental substantive social policies Calder v. Jones - Case involving publishing of an article regarding a California resident - PJ was found in CA because the ’s conduct was aimed at CA and therefore they could reasonably anticipate being hauled into a CA court Burger King v. Rudzewicz - K case of a FL corp v Mich - K alone is not enough for PJ - Consider the following o Prior negotiations o Contemplated future consequences o Parties actual course of dealing Ashai v. Superior Court - Stream of commerce doctrine - O’Conner – steam of commerce plus o Design product o Advertising

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o Advice to Customers o Sales Agents Brennan – Stream of Commerce o Enough on its own

Arising Under - Evidence test o The ’s forum contact provides evidence of one of more of the elements of the c|a - But for test o The claim would not have arisne ur for the ’s contact w/ the state Jackson v. Ca. Newspaper Partnership - Internet alone does not equal continuous and systematic contacts - Zippo o Highly interactive websites – PJ almost always o Passive – PJ almost ever o Some interaction - maybe  Level  Commercial nature General jurisdiction - Individual where domiciled according to SMJ diversity tests - Corp. o State of incorp. o Nerve center (Hertz) o In extraordinary circumstances where they are at home somewhere else Perkins -

Suit in OH to recover dividends and stocks Ohio contacts existed because after WWII they controlled operations from OH

Daimler -

Contacts are looked at in relation to the entire business

In rem – determining who owns a piece of property in the entire world Quasi in rem – binds the parties before the court Shaffer -

In rem and personal treated the same Property is like taking from a person Presence of property counts as a contact but must still do MC —> FP/SJ If property is not related to c|a then unlikely to be PJ

Burnham - Service in a state still sufficient to create PJ