7 points to look for when determining jurisdiction:
1. Subject Matter Jurisdiction
2. Personal Jurisdiction
3. Notice & Opportunity to Be Heard
4. Service of Process
7. Waiver (Where possible, SMJ cannot be waived. Waifer of JOPOT, Process, and Venue is addressed in FRCP 12(H)(1).
JOPOT – (Jurisdiction Over Persons Or Things) Requirements for Personal Jurisdiction
· State limitations on the authority of state courts to exercise personal jurisdiction
§ Long arm statutes
· Notions of fair play (Due Process clause)
DUE PROCESS (contacts):
· Consent to jurisdiction
§ By contract (Forum Selection Clause)
§ Waiver (Appearance in court)
§ Consent to determine jurisdiction
· Transient jurisdiction (“tag” jurisdiction)
§ Just moving through state. (rock star on tour)
· Minimum contacts
§ Magnitude of defendant’s contacts
§ Purposefulness of defendant’s contacts (purposeful availment)
§ Systematic & continuous nature of defendant’s contacts
§ Relation between defendant’s contacts & the cause of action
§ Availability of witnesses & evidence
§ Forum interest in a suit
· Jurisdictional discovery
· Specific jurisdiction v. General jurisdiction
o Contact with the forum state gives rise to the cause of action within the forum state.
o Contact with the forum state did not give rise to the cause of action.
STATE LIMITATIONS: Long-Arm Statutes
· Service within a state
· Overlap with due process
DUE PROCESS (notice):
Generally, due process guarantees the following (this list is not exhaust
r 19 and is served within a judicial district of the United States and not more than 100 miles from where the summons was issued; or
(C) when authorized by a federal statute.
(2) Federal Claim Outside State-Court Jurisdiction. For a claim that arises under federal law, serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant if:
(A) the defendant is not subject to jurisdiction in any state’s courts of general jurisdiction; and
(B) exercising jurisdiction is consistent with the United States Constitution and laws.
Part (B) above is referred to as a “bulge” as it allows jurisdiction to bulge 100 miles beyond the border.
“impleader” allows in the lounge-chair-hypo to join a 3rd party (the manufacturer) if he is within 100 miles