Analyzing personal jurisdiction

1. Whether the defendant was validly served with process. (Rule 4)

2. Where was the defendant served with process: whether it was inside or outside the
forum state.
a. If theyre served in the forum state it gives general jurisdiction to the
forum state over the defendant to causes of action which arose in the state
or outside of the state.
b. It theyre a transient defendant, there is a split on the court over analysis.
Do MC analysis according to Brennan in Burham.
c. It its a corporation and the defendant is served in the forum state it gives
you general jurisdiction. General jurisdiction applies where the
corporation was incorporated or its principal place of business (third
factor? extraordinary circumstances ex: 100000 Duane Reades in NYC
ask Deale).
d. If served in the forum state, long arm statutes dont apply.
e. If served outside forum state, question: does plaintiffs cause of action
relate to the forum state.
f. If the plaintiffs cause of action does not relate constant pervasive
association with forum state.
3. If served outside forum state and long arm statues
a. Is the statute constitutional? If yes, then it does not violate procedural due
process of 14A. Explain why it is constitutional, because the legislature
enacted it and it tells the court under what conditions you can exercise
personal jurisdiction over a non resident over what may be an out of state
cause of action. If its not constitutional, then there is no jurisdiction. If
NY statute look at CPLR 302A. ****must apply facts of case to long arm
statute and see if the statute applies!!****
b. Enumerated (narrow) c. Unremunerated (broad)
4. Minimum contacts (85% of the exam) Go back to Pennoyer (basis of state
sovereignty cant go over state border and exercise jurisdiction over someone
who is not there).
a. Minimum contacts element even if no, assume there are minimum
contacts
b. Purposeful availment look at how much purposeful availment (there is
specific and general jurisdiction)
i. Specific jurisdiction
1. Stream of commerce line cases was there minimum
contacts and if so why? (Asahi, McCyntire, Ainsworth
Volkswag) 3 takes on stream of commerce cases (Occonnor
mere awareness if not enough it needs to be directed at
the forum state p 128 use her words!; Stevens actions do
not even need to be purposely directed, if goods ended up
there)

2. Contract line of cases was there minimum contacts and if

so
ii. General jurisdiction when the cause of act Goodyear and Diamler
deal with general jurisdiction : incorporated in forum state and
principal place of business in the forum state)
1.
5. Notions of fair play and substantial justice (fairness factors)
a. Plaintiffs interest in obtaining relief
b. Interest in other fora litigating the dispute
c. Burden on the D
d. The interests of other sovereigns in resolving the dispute (Sotomayor)