PERSONAL JURISDICTION FLOWCHART (assuming the Long-Arm Statute is satisfied


CONSENT Objections waived if not raised in preanswer motion or answer D may designate agent in the forum to accept service of process Forum Selection Clauses (must be reasonable)

STATUS JRD for divorce where one spouse is domiciled in the

MINIMUM CONTACTS Are D’s contacts related to the suit?



DOMICILE Individuals • Personal presence and intent to remain • Status considered at time of filing Corporations • PPB • HQ • State of Incorporation • Contacts must be continuous and systematic • Mere purchases and related trips, standing alone

TRANSIENT JRD Scalia • Valid b/c it’s a traditional notion of fair play and substantial justice • UNLESS “traditional” refers to how one is served Brennan • D was in forum state voluntarily • Fairness o Low burden to D o Foreseeability o Purposefully availing himself of the benefits of the forum state • Usu. valid – at least when there’s ≥ presence than in Burnham Exceptions

CONTRACTS • Nature of prior negotiation s • Contemplat ed future consequenc es of entering into K • Terms of K • Course of

IN-STATE ACTIVITY • Conducting business in the state • Reaping benefits/ protections of the laws of the state

FAIR PLAY ANALYSIS 1. D’s burden of litigating in challenged forum 2. P’s Interest (where else could P litigate?) 3. Forum state’s interest (is P a resident of forum?) 4. Efficiency (location of witnesses, evidence)

IN-STATE EFFECTS • For intentional torts, JRD if D knew that the brunt of the injury would be felt by the forum or by a particular person in the forum Websites • Passive sites – not enough interactivity for JRD • Internet business sites w/ sales generated from the forum state –

STREAM OF COMMERCE Brennan • Injecting goods into the stream of commerce should suffice to support JRD O’Connor • Awareness that product may be sold in forum isn’t enough to show sufficient contacts • P needs to show D’s intent to purposefully avail itself of the forum state’s market by: o Designating product for market in the forum state; o Advertising in the forum state; o Channeling regular advice to customers in the forum state; or o Marketing product through distributor as sales agent in state Stevens • Held (but didn’t decide) there’s

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