: For commerce, a passive website (without interactivity) that simply posts informationdoes not purposefully connect with a specific forum. Interactive websites exchanging information withforum residents may be enough for MC.
case.-Calder effects test is used for intentional torts or defamation suits.
: GJ is the court’s exercise of personal jurisdiction even if there is no connection between the claims and the forum state. It is based on the
continuous and systematic
contact between thedefendant and the forum state.-Fair play factors are not so important for GJ.-Defendant corporation must be acting like a “local player”.
: Jurisdiction where the party’s claims are based on minimum contacts between thedefendant and the forum state.
Jurisdiction over Property
jurisdiction: Court seeks to affect the interest of persons over their property rather than impose personal liability on the defendants.
: Where the claim to the property itself is the source of the suit between parties, the state where the property is located may have
jurisdiction over the property.
Shaffer v. Heitner
-The cause of action must be arise from the D’s forum-related conduct.
Jurisdiction Based on Physical Presence
Burnham v. Superior Court
: Defendant was served with a CA court summons while visiting the state for business and seeing his children. His contact was brief and he had no other contact with the forum state.
: If the defendant voluntarily traveled to the forum state and was served while visiting there, theforum state can exercise jurisdiction over the D.-Physical presence is one the continuing traditions of the American legal system that define the due process standard of fairness.
Requirement of Notice & Opportunity to be Heard (Due Process)
Notice must be sent out in a way that
y informs interested persons of the lawsuit taking place and it must allow them a chance to voice their opinions.-Newspaper notification didn’t meet this requirement. Mailing would meet it.
Mullane v. Central Hanover Bank.
-The government simply needs to make an honest and reasonable effort to inform the defendant; it doesn’tmatter if the D actually receives the notice.