– Personal Jurisdiction
o In Personam
· Does the Long-Arm Statute Authorize Jurisdiction?
· State long arm statutes
· FRCP 4k – Long Arm Statutes
o Rule 4K – Federal Courts Sitting in State
o (1)(a) – Look to state long-arm statutes
o (1)(b) – Bulge Jurisdiction – Look to joinder rules in 14 and 19, get bulge jurisdiction of 100 miles of federal courthouse
§ When there are certain parties added under rules 14 and 19, federal court gets a “Bulge” of 100 miles to go across state lines and join parties, etc.
o (1)(c) – Interpleader Statute – “nationwide service” – you can serve anyone located in the United Statute, because it is an interpleader statute claim
o (1)(d) – Any Statute
o Courts have jurisdiction over
§ Foreign D not subject to jurisdiction in any state
§ P has Federal Law claim (not a state claim)
§ Exercise of jurisdiction is consistent with the Consittution (minimum contacts with US as a whole as US is the forum state– 5th Amendment)
· 14th Amendment
· The farther federal reach runs a little in the face of the Due Process Clause rights which take into consideration the burden of the Defendant
· How far the state goes in its reach for jurisdiction, sometimes it reaches less far, sometimes it reaches as far as the constitution allows
· 3 Kinds of States
o Specific Detailed Provisions
§ We go as far as the constitution goes
§ The language of the statute looks like it is doing the first type, but the courts rule that it is actually doing the second type
§ Constitution – 14th Amendment – Due Process Clause
· Minimum Contacts
Continuous and Systematic contacts + unrelated claim
Continuous and systematic contacts + give rise to claim
Relatedness of contacts to claim
Single/Isolated Activity + unconnected
Single/Isolated Activity + Highly Related Claim
§ Purposeful Availment Test
· Was there purposeful availment to the benefits and protections of the state, or just unilateral activity? – Hanson v. Denkla?
o McGee v. International Life was purposeful availment when the insurance policy sold in a forum state, but the only contacts were through mail.
o Hanson v. Denkla not purposeful availment because bought insurance poicy in NJ, then moved to florida, so company never purposefully availed itself to florida.
§ Stock is property – Shaffer
§ Directors and Officers – Just because associated with a company isn’t enough to show regulatory interest in a state. No expectation of subjecting themselves to jurisdiction – Shaffer
§ General Jurisdiction
· Main place of business (Home Office)
· State of incorporation
· Contacts – Asahi – Use all 3 tests (Comp. Parts. Only?)
o O’Connor’s Plus Factors to see if purposeful availment
§ Advertising in a forum state
§ Designing a product for market in forum state
· Catering specifically to the market?
§ Establishing channels for providing advice in forum state
§ Distribution Network including forum state
· That product as is has to be sold to that state by THIS manufacturer
· *Just placing into the stream of commerce is not purposeful availment
§ Knowledge of Regular and Extensive Sales to the forum State is sufficient for minimum contacts
parties actually conduct themselves regardless of contractual language)
§ Materials bought?
§ Actions show notice of forum state authority?
· Brennan’s Sliding Scale – Burger King
o Once Minimum Contacts established, D must show unreasonable
o More contacts, more showing required, less contacts, less showing required
§ WWV v. Burger King
· Car dealership v. Franchisee
· No directed sales to OK (one-time deal), while Franchisee sought contact with Fl and long term relationship
§ Effects Test applied? – Calder Case
· Foreseeable effects will affect a person who lives there…is it where P is located or where your effects are felt?
· This is one way to find minimum contacts
o D’s knowledge it will harm someone? – Pavlovich
o Doesn’t have anything to do with benefiting from forum state
· This will be expanded if no other forum for P under Necessity Jurisdiction
§ Website Spectrum
· Just Posting Info. V. Doing Business/Interactive
Specific Jurisdiction – Review!!!
– Minimum Contacts
– Purposeful Availment
– Stream of Commerce – Component Part Manufacturer (maybe
subject – Asahi split, WWV yes),
Manufacturer (yes), Distributor (if national, yes, if regional, maybe
not), Retailer (no)
o Asahi – 3 different Opinions
Contract alone isn’t enough, you have to have