Traditional Base Test Is Def a resident of forum state?

- Individuals: Residence / Corporations: Place of Business Was Defendant served within the state? Personal Service: 2 PRONGS [Scalia: No Shoe or Brennan: goto Shoe] Was there consent to PJ? Actual Consent General Appearance. Implied Consent Via agent as in Hess.

Does Defendant own property in state?

Does property relate to suit?
Shaffer Fork (quasi in rem) : 1. Shoe analysis still needed if property is not source of dispute. 2. Real estate directly related to controversy may not need Shoe analysis. Contacts inherent.

General Jurisdiction over Defendant?
1. Are Def. contacts with state systemic or pervasive? Helicopteros Sets General PJ Standard o Factors Not Good Enough [very difficult standard]  Purchase of Chopper fleet in Forum  Choppers retrieved, flown back from Forum  CEO negotiated contract in Forum  $4 Million in Business in Forum  Employees trained in Forum *Majority rejects each factor individually, but what about sum of factors?

Does state s Long Arm cover defendant?
- Rule 4(k)(1)(a) references / incorporates state law - Statute may be interpreted broadly as in Gray

Specific Jurisdiction over Defendant?
Minimum Contacts Analysis: Step [1] Contact between Defendant and Forum.  Purposeful availment  Foresee being sued in Forum? o Unilateral act insufficient (WW Volks) o Long term contract sufficient (Burger King) o See Hustler, Calder  ISSUE Stream of Commerce Cases (Ashahi) o O connor requires plus factor (marketing or custom design) o Brennan good enough, Def. benefits from sales regardless of how products get there. Only If Contacts are sufficient then Step [2] Fair play and substantial justice 5 Fairness Factors 1. Defendant s inconvenience [gravely so, Burger King (difficult to meet] 2. State s Interest (McGee) 3. Plaintiff s interest in litigating at home [injury] 4. Interest in efficiency 5. Interstate interests in shared substantive policies [Kulko family harmony, no very important]

Plaintiff has Personal Jurisdiction over Defendant

No personal jurisdiction unless defendant waives objection.

Sign up to vote on this title
UsefulNot useful