I) Personal Jurisdiction
a) Is there a personal jurisdiction problem (i.e. defendant non-resident of forum state)?
i) Has personal jurisdiction objection been waived?
(1) Under applicable procedural statute, was personal jurisdiction objection raised in timely manner?
(a)Special appearance “direct attack”; or
(i) First court appearance for the sole purpose of objecting to personal jurisdiction
1. Insurance Corp of Ireland v Compagnie des Bauxites de Guinee – defendant had filed objection to assertion of personal jurisdiction; plaintiff successfully moved for discovery order to show that jurisdiction was proper; defendant failed to comply with discovery order on repeated occasions; court asserted jurisdiction; upheld by Supreme Court – “presumption that refusal to produce evidence material to the administration of due process was but an admission of the want of merit in the asserted defense.”
(ii) Was there a response or defense based on merits of claim?
1. Unless applicable procedural statute allows for it, any such response will be deemed a waiver, even if made in conjunction with an objection to personal jurisdiction
2. FRCP Rule 12(b) allows a defendant to raise a defense based on the merits of the claim at the same time as raising an objection to personal jurisdiction without waiving his objection to personal jurisdiction
(b)Non-appearance “collateral attack”
(i) No response made, by defendant, to complaint or summons because he believes personal jurisdiction is not proper
(ii) Default judgment will be made for plaintiff
(iii) When plaintiff seeks to enforce judgment, defendant will object to the validity of the judgment (need proper personal and subject-matter jurisdiction to have a valid judgment) under Full Faith and Credit Clause of U.S. Constitution (Article IV, §1)
(iv) Collateral attack not available if defendant makes special appearance in forum state to object to personal jurisdiction, loses, and fails to make any further appearances – if direct attack attempted with failed results, defendant must appeal in forum state for personal jurisdiction; cannot raise collateral attack as well
(2) Forum-selection clause as the basis for personal jurisdiction?
(a)Bremen v Zappata – Is the selected forum “reasonable”? – If unreasonable, then forum selection clause will not be enforced and cannot be a basis for establishing proper personal jurisdiction; skip this section and continue analysis
(i) Reasonableness test – must be so grossly inc
l jurisdiction:
(i) Long-arm statute authorizing extension of jurisdiction; and
(ii) Defendant is served while physically present in the forum (regardless of reason for being present)
iii) STEP 1: Is there an applicable long-arm statute that authorizes extension of jurisdiction?
(1) Authority to extend jurisdiction under long-arm statute alone is insufficient to confer proper jurisdiction; must also satisfy Due Process analysis below
(2) In the absence of an applicable long-arm statute, proper jurisdiction will not be extended, even though minimum contacts may be satisfied (Omni Capital International v Rudolf Wolff & Co)
iv) STEP 2: Is the extension of personal jurisdiction (by application of the long-arm statute) constitutional under the Due Process Clause? – analysis follows under…
Minimum contacts with forum state? (International Shoe Co v Washington (holding that physical presence in forum state is not strictly required if the non-resident defendant had minimum contacts with the forum state;
