Personal Jurisdiction

Justin Epstein

Statutory Amenability

Does the court have statutory no

authority over the defendant?
(long arm statute)
yes

Constitutional Amenability
[Article 3, Section 2]

General Jurisdiction
yes
Consent? or consent by contract?

no

Individual or corporation?
corporation
individual

1) Domicile [Goodyear, 2011], "continuous and systematic" [Daimler]

2) Served within forum (tag
jurisdiction) [Burnham, 1990], or
3) Agent served within forum (via
implied consent) [Hess, 1927]
Shaffer v Heitner (1977) Limit
1) Place of incorporation,
2) Principal place of business, or
3) Significant enough business
Helicopteros v Hall (1984) Limit

No Jurisdiction
Yes to any No to all

General Jurisdiction
No to all

Does the cause of action no

relate to the defendant's
actions in the forum?

yes

Specific Jurisdiction
Does the defendant have "certain minimum contacts with the forum state so that the exercise
of jurisdiction does not offend traditional notions of fair play and substantial justice?" [Int'l Shoe]
(too broad to be answered directly, case law is necessary to resolve specific jurisdiction)

It "varies by context". Thus, it is necessary determine which case has the most
similar set of circumstances.

Product Liability ("Stream of Commerce"): Contract Issues:

● WWVW v Woodson (1980) ● McGee v Int'l Life Ins. (1957)
● Asahi v Superior Court (1987) ● Burger King v Rudzewicz (1985)
● McIntyre v Nicastro (2011) ● Hanson v Denckla (1958) (Trustee)

Intentional Torts:
Calder v Jones (1984) (defamation)
Walden v Fiore (2014)

Specific Jurisdiction