i.If ∆ has “minimum contacts” with a forum state, ∆ can be sued in that state1.BUT, ∆ canonly be sued over claims relating to those contacts; hence jurisdiction is
claim “arises from” incident(s)/action(s)within the forum state or perhaps via commerce with theforum state.
A court can serve personal jurisdiction in two ways:
a.Serve process anywhere within the state
Long arm statutes
permit jurisdiction over individuals
not within the state’sboundaries
, by reaching out of the state to call a nonresident ∆ back into the stateto defend a lawsuit. These statutes are subject to the Constitution, and thus, oneapplication of a statute may be Constitutional, while another application may notbe.i.
A few states, such as CA, have long arm statutes that exercisepersonal jurisdiction to the maximal extent allowed by the Constitution.ii.
Limited / Specific:
Most states authorize personal jurisdiction based on
types of contacts with the forum state.
G.Ways to get Personal Jurisdiction
Presencewithin the forum state
(receive service there)
: general jurisdiction
regardless of any contacts with the state atthe time of the events giving rise to the suit or if the individual was transient
Burnham v Superior Court of CA –
Out of State Divorce Case, p.113-124(divorce suit; non-resident husband served within the state; general jurisdiction upheld)
service of process on any partner confers jurisdiction overbusiness itself, as partnership is seen as an aggregation of partners who formit
corporations “consent” to jurisdiction if they haveanin-state agent for service of process in the statea.General or Specific Jurisdiction depending on court
corporations are not subject to jurisdictionmerely by service of process upon an executive officer temporarilywithin. (butSee
- continuous and systematic contacts – notREQUIRED for specific SMJ–
Hess v. Paw
Claims can arise from specificand LIMITED contact w/ the state) In
– USSC recharacterizedcases previously decided, like
Service by Fraud or Force Invalid:
Most courts will find serviceinvalid if PL brings DF into state by fraud or force2.
Immunity of parties and witnesses:
Most courts grant immunity tonon-residents in state for judicial proceeding
Pennoyer v. Neff
– Oregon Land Sale Case, p.22-29 - No longergood law!1.No state can exercise jurisdiction over persons or property outside itsborders2.Presence in the state is both sufficient and necessary for personal jurisdiction