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Personal JX

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Question
Answer
Traditional Basis of Personal JX   1. Consent 2. Residence 3. Presence 4. Agent  
Milliken (PJ)   an individual is subject to in personam jurisdiction in his domicile, regardless of whether he was absent from the state at the time  
Hess (PJ)   an individual is subject to in personam jurisdiction in his domicile, regardless of whether he was absent from the state at the time  
International Shoe (PJ)   "minimum contacts" such that jx is consistent w/ "traditional notions of fair play & substantial justice." D must “purposefully avail himself of the privilege of conducting activ. within State, invoking benefits/protections of its laws.  
McGee (PJ) (TX => CA)   a single contact is sufficient if the claims arises out of the contact (re-issuance "solicitation" of insurance policy)  
Gray (PJ)   a company that places a product into the "stream of commerce" derives a benefit from the sale of the product such that the use of the product is sufficient contact w/ the state  
World Wide   the "stream of commerce" ends where the product is purchased; it must be foreseeable that D’s conduct and connection w/ forum State are such that he should reasonably anticipate being haled into court there  
Hanson (PJ) (Delaware Trust)   unilateral activity cannot satisfy the requirement of contact w/ the forum state; defendant must "purposefully avail" himself of the forum state  
Fairness Factors to Assess AFTER min. contacts established   1. burden on D; 2. interest of forum state; 3. P's interest in obtaining relief; 4. interstate judicial system's interest in obtaining most efficient resolution; 5. shared interest of several states infurthering fundamental substantial social policies  
PJ in Fed. Ct. [FCRP 4(k)(1)(2)]   generally, a fed. ct. only has jx if state in which it sits would have jx. Exceptions: 1. FQ 2. PJ const. AND 3. no state that would have PJ  
Keeton (Fed. Ct. PJ)   "state interest" where the state has a significant interest in the litigating the issues despite insubstantial minimum contacts if contacts are related to general activities in forum state  
Calder (Fed. Ct. PJ)   "effects test" if the focal point & effects of a tortuous act are felt in the state, despite the lack of substantial contacts jurisdiction is proper  
BK (Fed. Ct. PJ)   D has substantial burden to prove unfairness K analysis: negotiations/comtemplated future consequences/terms of K/ course of dealing  
Asahi (Fed. Ct. PJ)   knowledge not enough to satisfy purposeful availment; no decision on stream of commerce  
Asahi (O'Connor's Theory)   Purposeful availment requires “additional conduct” that indicates an intent or purpose to serve the market in the forum state (such as advertising in forum)  
Asahi (Brennan's Theory)   • So long as D places a product in the stream and is aware that the final product is being marketed in the forum State, the possibility of a lawsuit there cannot come as a surprise  
General JX (Subset of PJ) [Perkins Factors]   Helicopteros: continous & systematic if c/a not arise out of contact Perkins Factors: offices, executives, meetings, bank accts., sales, employees  
Consent to PJ   the right to object to a court's lack of PJ is a personal right that can be waived at any time by defendant; a P that files a suit consents to a counterclaim  
Shaffer(PJ)   all assertions of jx must satisfy International Shoe requirements.  
Burnham (PJ - Transient Presence)   SOP delivered in harm, in state and D voluntarily in state; affirms Pennoyer's traditional notions of PJ  


   






 
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Created by: r14me