Personal Jurisdiction Menu:
Service in State
Attach property (no longer used or applied)
Status – for domestic issues (family law); will hardly ever be applicable
Domicile – the place you intend to return to after your absence.
Contacts (added by International Shoe)
i. Continuous and Systematic
i. Minimum Contacts (arising out of or relating to)
ii. Fair Play and Substantial Justice
PJ is court’s power over individual litigants; 100 litigants = 100 analyses.
A person consents to PJ in a state by filing his claim in that state’s courts.
Differences between state and federal courts
i. Before Rule 4(k)(1)(a)
1. A state had to show, consistent with the 14th amendment, that it had power over you
2. The federal government just had to show you had a connection with the federal government (5th amendment) – guaranteed to find this.
3. That opened up PJ in federal courts nationwide. Oklahomans who couldn’t be sued in state court in Illinois could be sued in federal court in Illinois.
ii. After Rule 4(k)(1)(a)
1. PJ in federal court is the same as state court sitting next to it.
2. If the state court of Idaho wouldn’t have jurisdiction over you, the federal court in Idaho certainly wouldn’t have jurisdiction over you.
3. For forum shopping, under the Fifth Amendment, you have range to sue a greater number of people if you choose the federal courts to hear your case.
4. Some exceptions – Other parts of 4(k) left open room for federal judges to have a little more power than state judges.
Pennoyer v. Neff
i. Seminal case that ruled that PJ extends to the borders of a state and no further.
ii. You find your target within a border (service in state portion of menu), you grab it, and that’s your hook.
iii. This philosophy tricky with corporations – states started saying a corporation has physical grounds in a state if they systematically and continuously do business there. You find an agent of the corporation in the state and serve the summons on that agent.
iv. Service in state later downplayed w/ addition of “contacts” to menu.
You agree that you will be able to be sued in a particular state if you don’t assert an affirmative defense of lack of personal jurisdiction in your first response, according to rule 12(h)(1). Failure to assert in first response causes you to lose the defense and consent to jurisdiction in that state.
You also consent by filing a claim/complaint in a particular state. You consent to any claims you raise and claims that are raised against you, whether or not those claims are related to the original incident.
Your use of something with a forum consent clause binds you to the jurisdiction listed in that clause (Carnival Cruise Lines).
Most states have statutes that say you consent to their jurisdiction and laws for accidents you have in their state if you drive on their roads, even if you’re a nonresident of that state.
i. In Pawloski, the Massachusetts statute said you appoint the Secretary of State as your agent to receive in-state service of process (this was before long arm statutes).
Domicile is the place you set yourself up to remain indefinitely and to which you plan to return after an absence.
You are always able to be sued in your place of domicile, even if you are not there at the time of the lawsuit.
You only have one domicile.
Contacts Based Jurisdiction
First added to PJ menu with International Shoe – When a defendant’s contact with a state is continuous and systematic, such that the state can act against the defendant.
Lawsuits brought under contacts jurisdiction do not have to directly arise out of or relate to the contact – if you can show your defendant has systematic and continuous contact with your state, you can sue them for absolutely anything.
It has to be the party reaching out to the forum, not the forum reaching out to the party.
i. If Gensler went to Texas, got into a fight with a guy, came back to Oklahoma, and then the Texas guy sued him in Texas, the contact would count for personal jurisdiction because Gensler reached out to the forum (Texas). However, if a guy came up to Oklahoma, beat up Gensler, went back to Texas, and sued Gensler in Texas, the contact wouldn’t count for personal jurisdiction because the forum (Texas guy) reached out to the contact (Gensler in Oklahoma).
i. You must make sure the contracts with the forum state are sufficient, so that they do not offend “traditional notions of fair play and substantial justice”
ii. The privilege of conducting activities in a state also gives rise to obligations with that state. A corporation conducting business in a state must respond to
imum contact (Zippo).
1. However, some cases have ruled mere purchases in a state aren’t enough to establish minimum contacts (Bird v. Parsons, Helicopteros).
viii. Individual states have jurisdiction over non-resident individuals who are in the state (Burnham).
1. Doesn’t matter whether or not you know you’re in the state.
In Rem Jurisdiction
Jurisdiction is not over defendant, but over her property (real or personal).
The case itself is about the property – who owns it?
Quasi In-Rem Jurisdiction
Different than in rem in that it’s a lawsuit having nothing to do with property. We are simply using that property as a jurisdictional basis.
Constitutional idea is that property must be attached at the outset of the case.
Shaffer v. Heitner – for quasi in-rem jurisdiction, the constitution requires Defendant have minimum contact with the forum. It’s not enough that his property has to be there; property is merely a contact.
All assertions of personal jurisdiction must meet International Shoe.
Burnham later overruled this.
Full Faith and Credit
A judgment that violates full faith and credit is void.
A judgment that is valid with full faith and credit is not only valid where it was rendered, but is valid in any other state.
With in rem and quasi in rem, these judgments do not create a personal obligation on the defendant. They are only about the jurisdiction of an individual.
As a forum shopper, you are indifferent about the items on the menu. You can consider them all, and should try as many of them as possible.
CHOICE OF LAW
Make sure and address Peronsal Jurisdiction before addressing Choice of Law
1st Restatement Approach
Analysis (in this order):
Initial Characterization – type of case
i. Tort, Contract, Family Stuff, Procedure
Application of Rule
Escape Devices – any available?
i. Recharacterization, Substance/Procedure, Renvoi, Public Policy
Your rights vest in a particular time and a particular place, and then you can take those rights elsewhere – show me the point and place where you got hurt, and