Personal Jurisdiction

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Constitutional


Long Arm Statute 
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Requirements
    




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Call individuals
back to state to Minimum Fair Play &
defend Contacts Substantial Justice




Limited or
 
   Unlimited
  
! "

How extensive do these need to be?

 (More Contacts, more likely) Balancing Test (Burger King)
# $
How good do the contacts have to be? Burden on D in this forum (very P friendly)
(don͛t have to be that great) Forum State interest in adjudication

 Does the long arm Interstate judicial system interest in obtaining





 






  
statute extend to 


  
 


most efficient resolution

local business?  

Shared interest in substantive policy
  
Where in the stream of commerce is D Burden on the plaintiff
located? Just putting in stream not
 
  

enough (Asahi)
%
 

 How foreseeable was litigation in the
  

forum state?Forseeability not enough,
must purposefully avail. (WWWV)
Merely injuring a plaintiff in a different
state is not min. contacts

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& MUST Have: General jurisdiction ()
 
 
-minimum contacts Individual can always be sued in the state * 
 

(Shaffer) where they are domiciled 



-Claim related to Corporations can always be sued in state of   

land incorporation and the headquarters +&
,
-attachment/ General Established:
garnishment -domicile
Presence of property
alone does not create
-in state tag service (Burnham)   )
Settles ownership -consent (Carnival)
jurisdiction 
  



of property Allows the court to -extensive systematic and continuous 
-

determine claims in dealings (Helicopteros)
property
 Mottley: initial Subject Matter Jurisdiction
pleading must
raise federal
question
+
(

   (move to more
convenient)
1331:Arising under Important Issue -for Defendant
+ 

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the constitution, of federal law -not for federal, only state
/22/
laws or treaties of requiring
the US resolution NO
MUST be part of the arise under +
9 
/,:,
complaint -movement btwn fed. Districts
-lack of jurisdiction can transfer
time of filling 1631
You can hang state claims on federal claims: -improper venue, just move 1406
34
5 
(a) Common nucleus operative facts,
  ) logically related (broad discretion)


 

3
 

**connection must be operative**

6
 
 
/278 (a) Limits in diversity: no Supp when party
brought through FRCP 14, 19, 20, 24 &

/,,/;
/,,7

  (b) Court discreation to decline to exercise -remove from state to federal
MUST: district where state
action pending, only D can
remove, all D must agree
Complete Diversity -ONLY if fed ct originally
 Amount in (NOT CONSITUTION) -cannot be removed if D
/220 Controversy (Must be at the time citizenͶno prejudice (diversity
lawsuit filed) cases)
-can remove entire case
-removal within 30 days
More than $75K Corporation:
Individual: -federal court can remand
General Rules:
on claims against state of
-can only change domicile, intend unless SMJ
individual D (can incorporation and
diversity by changing to reside -D loses personal jurisdiction
join claims NOT principle place of
parties indefinitely defense unless ans. Pre-removal
-partnerships don͛t have parties to get to business
a place of incorporation,
amt)
hard to get diversity
-family law does not go
to federal court
Cannot have foreign party on
CO, NM v. NM= NO one side without having on other
1332(a): permanent resident is citizen of CO, CO v. NM=YES CO, Czech v. Germany=NO
state of domicile, intent to destroy diversity CO, Czech v. NM, Germany= YES
between citizen and alien
Party must be actual citizen of another
country
 ?



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Joinder -jurisdictional req. met
Use when ordinary SMJ -cannot give complete relief
satisfied by diversity or without party OR
fed question +&
00)
&

-action would impair interest/
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  give rise to inconsistent
obligations
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-19(b) court must determine
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whether to proceed if not
/22>)
3 



 feesible (factors)
Simplifies jurisdiction -not compulsory if destroy
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  +&
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problems: minimal diversity, no long arm, or no
diversity, US service, 

amt. in controversy
more than $500   -no supp. Juris.

 




 
9
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D has right to
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Can join any claims, 
implead new parties that





even unrelated +&
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 may be liable to D for all
-permits joinder does |   or part of P recovery
not require it  2)
no effect on the
-in fed. Ct. each claim SMJ of original, but must
/2 )


  
 



4
|+)
be SMJ over implead
must independently -same transaction or occurrence -same transaction, claim (can be supp.
satisfy SMJ -D must bring up or lose the claim -Federal statute OR
occurrence or series Except diversity)
-can aggregate the -supplemental Jurisdiction applies -Interest related to
/2)

  
 -question of law or fact
amt in controversy
-D can assert unrelated CC
-must independently prove SMJ
/2)


-arisen out of same
property/ subject,
common to all P transaction or occurrence
disposing of action would
-must have complete -pleading, service same
 impair or impede, AND
-D can bring optional claim against
diversity, but may be as original claim
interest not adequately
co-D, same transaction or able to aggregate amt.
represented
occurrence or 18(a) in controversy in
-can use supplemental jurisdiction -may lose claim if don͛t
supplemental
intervene
-P can join D this way
0,)
permissive
but must independently
intervention at ct.
satisfy PJ for each
discretion (must
independently SMJ)