CHART:

MINIMUM CONTACTS
PERSONAL JURISDICTION: MINIMUM CONTACTS ANALYSIS

Contacts?

none . . . . . . . . . . . . casual/isolated . . . . . . . single . . . . . . . continuous but limited . . . . . . . . . . . . substantial

Jurisdictional
G!
Result: no jdx . . . . . . . . . . . . . . . . . . . . . . . . . . . . . specific jdx . . . . . . . . . . . . . . . . . general jdx
Decreasing contacts

Increasing contacts

Was there PURPOSEFUL AVAILMENT? (Voluntary Affiliation)

Denckla: NO PJ bad kids case, DE trust co. did not do purposeful act, unilateral act of to move to FL; must purposefully avail herself of the privilege
of conducting activities within the FS, thus invoking the benefit and protection of the FSs laws.

1.
2.
3.

Were the contacts the result of unilateral activity of the ? WWVW

FORESEEABILITY Is s conduct and connection with FS such that she should reasonably anticipate being haled into
court there? Intl Shoe, WWVW (in dissent)
Did deliberately engage in significant activities within the FS or has she created continuing obligations between
herself and FS? (business relationship) Burger King

NO
YES
NO PJ.

Other Methods?
1. Direct contacts go back to general jurisdiction
2. Contractual obligation K with a resident of the state McGee, Burger King
3. Internet/Website non-passive website (active, not informational) viewed
within the FS, PJ depends on commercial nature of website, level of
consumer used doesnt matter Zippo

Stream of Commerce

Single Contact

Effects Test

placing product in stream

seek to serve

tortious act

1961 GRAY v. RADIATOR (IL case) YES PJ

1950 TRAVELERS HEALTH YES PJ

1980 WWVW NO IPJ

1957 MCGEE YES PJ

Ill. Accident, PA boiler mfr. implead OH valve

component co; Ill. LA compliant with DPC,
transaction has substantial connection with FS;
injury occurred, most convenient forum

buy audi in NY, accident OK; sues car dealer,

importer, Audi, VW; unilateral activity of s; no
purposeful availment primary focus is to prevent
s from defending too far from home, prevent
states from reaching out beyond sovereignty

Dissent: cars are uniquely mobile, should be

foreseeable consequence

Health insurance co. solicit/reached out to VA

residents, VA asks them to stop under Blue Sky
laws. Found systematic and wide solicitation
created continuing obligations with VA.

sues for dead sons insurance policy. CA LA

covers (regulatory interest in adjudicating
matter). solicited for re-insurance
agreement and purposefully mailed policy to CA.

1981 MCGOWAN (NY case) NO PJ

Est. "effects test: state has power to exercise PJ

over a party who causes effects in a state by an
act done elsewhere w.r.t. any cause of action
arising from these effects; NO PJ for domestic
relations disputes (only commercial transaction)

1984 CALDER YES PJ

Libel, celeb sued author/editor of article; s

story about CA , CA sources, for CA readers,
knew harm would occur in CA = FS as focal point.
NO PJ just based on effects felt in CA, also
found purposefully availed. (c.f. WWVW
where harm was felt in FS, but insufficient for PJ)

1984 KEETON v. HUSTLER YES PJ

NY brings fondue pot to Canada, sues JP mfr;

NYCPLR 302(a)(1) = arise from transacting
business, contractual activity; single shipment
not enough

Libel, deliberately sold magazines in FS, state

has interest in citizens access to truthful info. =
not too small a tail to wag out-of-state dog;
relationship btwn , forum, and litigation; look
@ volume of activity and nexus of suit

1987 ASAHI (foreign) NO PJ

1981 KULKO NO PJ

SPLIT COURT DECISION! CA motorcycle injury, TW implead JP component; CA settle, TW v. JP

4 votes: no min contacts, 4 votes: contacts, 3 votes: meets either, 8 votes: unreasonable

OConnor: awareness not enough need to seek to serve stream of commerce plus

Brennan: yes min. contacts, awareness/foreseeability suffices; reasonableness requirement of

Burger King will get rid of unfair cases

1985 BURT v. BOARD OF REGENTS YES PJ

2011 JMM v. NICASTRO (foreign) NO PJ (basically changes nothing)

2014 WALDEN v. FIORE NO PJ

6-3 NO PLURALITY! scrap metal recycling, attempt to fix Asahi imprecision problem; NJ (Nicastro, acc,
FS), JMM UK co., McIntrye USA distributor is gone/bankrupt

Breyer/Alito: narrowest grounds holding of majority (wants better facts for a ruling), under either
view of stream of commerce/plus there is no PJ only a single sale

Wouldnt affect the Etsy-ers of the world, because wouldnt pass REASONABLENESS TEST

Kennedy: likes OConnor seek to serve, brings up Pennoyer SOVEREIGNTY = consent, presence,
domicile; consent is established by purposefully availing self to FS (submission to sovereign)

RBG: NJ is part of the US market, can use FRCP 4(k)(2) to adjudicate, scrap metal recycling is niche
and couldve foreseen product in NJ, NJ has strong interest in providing venue; unfair

Medical recommendation letter from NE to CO

included defamatory statement, suffer
economic harm in CO, sending the letter was
targeted and purposeful

DEA police officer in ATL seize $ from NV s in

ATL airport; cannot be only contact btwn
and FS (NV); DPC requires cannot be haled into
FS due to random, fortuitous, or attenuated
contacts (contra Calder had other FS contacts) =
foreseeability alone is not enough, need relation