Civil Procedure Outline
Professor Spinden
Fall 2010
PART A THE CONSTITUTIONAL FRAMEWORK FOR U.S. LITIGATION
Chapter 2 – Personal Jurisdiction
A. The Origins
o Pennoyer v. Neff
o Appearance In Personam (Person); or
o Service
B. The Modern Constitutional Formulation of Power
(1) Redefining Constitutional Power
o International Shoe Co. v. Washington
o Minimum contacts
o Traditional notions of fair play & substantial justice
o Contacts were systematic and continuous and regular and formal
o McGee v. International Life Insurance Co.
o Substantial connections
o Contacts were systematic & continuous
o Purposeful availment
o Hanson v. Deckla
o Must have appearance, contacts, or purposeful availment
(2) Absorbing in Rem Jurisdiction (Property)
o Shaffer v. Heitner
o In rem: must sue for property
o Quasi in rem: using property to retrieve other judgments
§ it is inconsistent with fair play and substantial justice
(3) Specific Jurisdiction
o World Wide Volkswagen v. Woodson
o Foreseeability: that activity could cause you to be hauled into court in that state
o Minimum contacts
o Purposeful Availment
o Fair play and substantial justice
o Asahi Metal Industry Co. v. Superior Court
o Foreseeability
o Minimum contacts
o Fair play and substantial justice
o Stream of Commerce
o Personal Jurisdiction must pass the reasonableness standard:
§ Burden on ∆
§ Interests in the forum state
§ π interest in obtaining relief
o Burger King v. Rudzewicz
o Must have physical ties to the state (minimum contacts)
o Must be consistent with fair play and substantial justice
o Pavlovich v. Superior Court
o Foreseeability – knowledge alone is not enough to find jurisdiction
o Controversy is related to or arises out of the minimum contacts with the state
o Fair play and substantial justice
Specific Jurisdiction:
o Minimum Contacts
o Purposeful Availment
o Foreseeability
o Fair play and substantial justice
o Systematic
o Continuous
o Regular
o Formal
o Arising out
utional Requirement of Notice
o Mullane v. Central Hanover Bank & Trust
o Due Process of notice in a sliding scale of what is reasonable
o Personal Service
§ Notice by publication may only be used when there are no other means of contacting the parties
E. Self-Imposed Restraints on Jurisdictional Power:
(1) Long Arm Statues as a Restraint on Jurisdiction
o Gibbons v. Brown
o Previous filing within state doesn’t allow for long arm statute.
o In personam jurisdiction over nonresident:
§ Sufficient jurisdictional facts
§ Show that sufficient minimum contacts
§ Substantial activity
(2) Venue as a Further Localizing Principle
U.S.C. §1391 (a) and (b): venue:
o Where any ∆ resides; or
o Where a substantial part of the events or omissions giving to the claim occurred.
o Where ∆ may be found
