Professional Documents
Culture Documents
Tension One sovereign exercising jx to protect its citizens diminishes another sovereigns ability to protect its
citizens.
Theme(s) Due process
Questions to Ask Does the Court have authority over the parties?
How to Dispute Try case on merits and appeal on P Jx
Affirmative Defense?? See FRCP
How to Defend
General
In person
Personal JX
In rem
Specific
Quasi in rem
Territorial Approach
Pennoyer failed to meet the three conditions of jx, thus sale of land improper, and land was returned to Neff.
o Proceedings in a court of justice to determine personal rights and obligations of parties over whom the court has no jx
do not constitute due process of law
Hess: Mass. had sovereign interest in protecting its citizens and maintaining safety in its highway
o Solved problem of defendants passing through long-arm statute:
Fictional Consent & Appointment of an Agent: satisfied consent prong, as well as in-state service prong
o Supreme Court upheld Mass statute not necessarily because of Pennoyer satisfaction but also because of notice [4e]
requirement; also inherently fair because lawsuit arose from activities in Mass.
Transactional Approach
looks to the conduct giving rise to the suit
PERSONAL JX
International Shoe
o Under Pennoyer a DE corporation w HQ in St. Louis appeared untouchable in WA.
o WA tried serving subpoenas on salesmenare notice and reasonable basis for suit touchstones for personal jx?
o Minimum contacts and FPSJ closer to issue of ensuring accountability for wrongful acts regardless of formalities of
citizenship or form of service
Keeton Problem
o Hustler liable under NH defamation laws
o Big defendants can afford litigation; smaller defendants may limit business because of potential liability
Walden: (Thomas) the plaintiff cannot be the only link between defendant and forum. Defendants conduct
WWV- foreseeability insufficient
o Automobile not part of the stream of commerce
o Did the defendant purposefully avail itself? [5 questions]
Define reasonably forseeable?
Defendants side of equation unintended consequences of denying OK ability to control own highways and
protect its citizens
Left open expansion BK v Rudzcewicz (question was whether FL was constitutionally conceivable jx not
comparison of forums) arbitrary and unfair
Asahi
o OConnor for plurality tried to stiffen purposeful availment overt acts to secure commercial or benefits in forum such
as marketing, service, designing parts for forum, soliciting business
Subpart manufacturer unlikely, but foreseeable that tire valave in japan could part of cycle in CA
Honda indemnification agreements with manufacturers but limits redress of consumers to parties with which
they had direct contact with
Rejected by 5 members of the court found that ongoing sales within stream of commerce were sufficient
follow chain of sale
Minimum contacts found but denied JX because of FPSJ
Majority:OConnor interest of plaintiff in proceeding in forum, burden on defendant having to defend,
interest o fforum state, overall interests of legal system in efficient resolution in forum burdens
outweighed interests + original plaintiff had settled out and compensated for injuries
what is lost? Predictability (tell your client: it depends on this balancing test; no standard)
PERSONAL JX
IN REM
Shaffer
o Stock certificates in DE turn DE into magnet forum NO JX had to be held to international shoe and FPSJ
standards
IN-PERSON SERVICE
Burnham
o No controlling opinion
o Scalia: pennoyer framework sufficient to decide issue of jx, no need to go further
o Brennanapplied due process but found jx proper quid pro quo party reaps benefits of state, pay price of
accountability
CONSENT-BASED JX
Carnival Cruise: ticket had forum selection clause to be tried in FL
o Benefits they derived from forum selection were lower cruise fare sufficient quid pro quo
o Limiting liability could presumably be passed on to ultimate consumer in other cases
o Due process has a lot to say about fairness of enforcing choice of forum on unwitting consumers
CONSENT-BASED GENERAL JX
Nicastro
Delivery of machinery to NJ defective lost hand in workplace accident
PERSONAL JX
Kennedy purposeful availment (NJ not directly targeted jx of corts of US but not of any particular State) Breyer said only
sold 4 machines
Dissent Ginsburg appeared to harken back to broad Brennan jx
Has not had a huge impact on lower courts single contact with forum does not equate to personal jx
What about if many plaintiffs injured would that create jx?
Bristol-Myers
Internet
Zippo (passive and active; active = inviting commercial transactions vs. just informational)
o No physical contact, repeated processing of commercial transactions even if initiated by Pennsylvania consumers
initiated the transaction
Burger 1985 Out of state 2prong analysis. Continuous but limited YES
King businessmen solicit purposeful availment= minimum contacts (specific)
franchise from FL s unilateral action of reaching out to
corp., contract in FL, FL corp
sustained dealings
Asahi 1987 Japan selling valves minimum contacts + five fairness Justice NO
in Taiwan to Taiwan factors; mere placement of product into OConnor
corp that wind up in stream of commerce not enough
defective tires in forum Action purposefully directed at forum Justice
state. Minimum contacts + fairness factors Brennan
Nicastro
Keeton 1984 Hustler magazine liable Minimum contacts: sales in NH = YES
under NH defamation publication (specific)
laws
PERSONAL JX
Case Year Material Facts Key words Plurality PJ?
Walden 2014 GA police officer w Plaintiff cannot be only link if JX NO
DEA seized cash in meant subject to suit wherever
ATL Airport; no jx in adversaries may room
NV (home of
plaintiffs) alleged
false probable cause