Personal Jurisdiction

Valid in personam judgment obligates defendant and is entitled to full faith and credit in other states (Constitution, Article IV 1) 5th amendment provides that federal government ma not deprive !life, libert , or propert , "ithout due process of la"#$ 1%th amendment provides for due process from state government &ule 1'(b)(') motion to dismiss for lac( of personal jurisdiction

Statutory Analysis An person "ho in person or through agent submits themself or personal representative, to jurisdiction b doing act "ith cause of action arising from act) 1# *ransaction of an business "ithin state '# Commission of tortious act "ithin state a# +ocus on !tortious$ or !act$, -# ."nership, use, or possession of an real estate in state %# Contracting to insure an person, propert , or ris( located "ithin state at time of contracting

Constitutional Analysis Pennoyer v. Neff) *raditional /ases 1# '# -# %# 0ersonal service of process "ithin state (1inimum contacts, Burnham) 0ersonal service on agent in forum 2omicile in forum Consent

Hess v. Pawloski

Constitutional Analysis International Shoe- Creation of minimum contacts test

Defendant must have such minimum contacts that exercise of personal jurisdiction does not offend traditional notions of fair play and substantial justice. Box 1

Mcgee v. International Life Ins. Co.- One contact sufficient if directly related

Personal jurisdiction may be exercised over defendant ith only one contact ith forum! if contact directly related to claim Defendant had notice of possibility of suit in California Hanson v. Denckla" Purposeful availment creation

#or there to be minimum contacts! defendant must purposefully avail itself of privile$es of state o %nvo&in$ benefits and protection of la s o Purposeful availment $ives notice of possibility of suit Connection bet een defendant and forum cannot be solely because of unilateral act of third party World-Wide Volkswagen Corp. v. Woodson" 'nilateral acts( foreseeability of reach not enou$h

Conduct and connection ith forum state must be so that reasonably foreseeable to be haled into court there )purposeful availment" reciprocity* o +ot foreseeability that product ill reach forum state o %sn,t it the same thin$- %f a person can expect product to reach state! isn,t it reasonably foreseeable to be brou$ht to suit there.andom and fortuitous unilateral acts of third party cannot satisfy contact re/uirement 0 lot of fairness cannot ma&e up for lac& of contact Purposeful availment $ives notice so defendant can $et insurance! passin$ cost to customers! severin$ connection ith state Benefits from collateral relation to forum state ill not support jurisdiction if they don,t stem from relevant contact

B rger !ing Corp. v. " d#ewic#" Defendant,s action need not be in forum1 hi$h standard of unfairness

#orum may assert specific jurisdiction here 1* an injury arises out of or relates to actions by the defendant purposefully directed to ard forum residents! and 2* here it is not unconstitutionally unfair o +ot physically enterin$ forum ill not help defendant %ndividual,s contract alone cannot establish minimum contacts

Constitutional Analysis Asahi Metal Industry Co. v. Superior Court of California3 4.C5 or 4.C .6Conor) A defendant6s (no"ledge that his product "ill reach the forum state is not in itself enough to establish minimum contacts (mar(eting, overseeing of placement, etc#) /rennan) A defendant6s (no"ledge of 4.C reaching state is enough# 2efendant is benefitting from sales in forum +airness must be considered after relevant contact# 0olic considered "ith international defendant

J. M intyre Ma hinery! "td. #. Ni astro3 4.C not enough7 4.C5

Framework
1# 3raditional Bases a# 4ervice of process hile present in forum b# 4ervice of process on a$ent hile present in forum c# Domicile d# Consent or aiver of consent '# 4tatutory 0nalysis -# Constitutional 0nalysis" 5inimum Contacts ) International Shoe* a# .elevant Contact i# Purposeful 0vailment 1# .eciprocity" invo&in$ benefits of forums la s '# +otice" Conduct in or directed to forum should $ive notice to defendant

for insurance! pass cost to customers! or sever connection ith state )WWVW* ii# #oreseeability of bein$ haled into court ) WWVW* b# #airness )WWVW* i# Burden on defendant ii# #orum,s interest in adjudicatin$ dispute iii# Plaintiff,s interest in obtainin$ convenient and effective relief iv# %nterstate judicial system,s interest in obtainin$ most efficient resolution of controversies v# 4hared interest of several states in furtherin$ fundamental substantive social policies c# .elatedness i# 6eneral jurisdiction" Defendant sued in forum for claim arisin$ any here 1# Contacts ith forum continuous and systematic )4ee International Shoe* ii# 4pecific 7urisdiction 1# Claim arises out of or related to relevant contact ith forum state ) B!*

 Notice and Opportunity to Be Heard

0erfects personal jurisdiction 1andated b due process o A person "hose propert interests are at sta(e are entitled to !notice and an opportunit to be heard#$ o 8otice ensures termination of one6s rights cannot be done in secret

Federal Court Service of Process Service refers to method for delivering process Process consists of 1) cop of complaint and ') summons

0rocess 1# Complaint drafted b plaintiff6s la" er and sets forth claims asserted against defendant '# 4ummons is official document from court itself, signed and sealed b cler( of court a# 4 mbol of court6s po"er over defendant b# &ule %(a)(1) -# Action commenced "hen complaint if filed3 +ederal &ule 4ervice %# 0laintiff has 1'9 da s after filing to have process served on defendant3 +ederal &ule %(m) a# If service not made "ithin 1'9 da s, court must dismiss case "ithout prejudice or order service to be made "ithin specific time i# 0laintiff ma tr to sho" !good cause$ for failing to serve process "ithin 1'9 da s 1# If sho"n, court e:tend time for service for appropriate period 5# 4ervice ma be effected b an person at least 1; ears old and not a part 3 &ule %(c)(') <# 0rocess server supposed to file in court a !proof of service$ (return), "hich e:plains "hat "as done to effect service 1ethods for 4ervice3 +ederal &ule %(e)(') 1# 0ersonal 4ervice a# 0rocess server delivers process directl to defendant in forum state3 &ule %(e)(')(A) '# 4ubstituted 4ervice a# 4ervice at individual6s d"elling or usual place of abode "ith someone of suitable age and discretion "ho resides there3 &ule %(e)(')(/) -# 4ervice on an agent a# 4ervice on agent authori=ed b appointment or b la" to receive service of process3 &ule %(e)(')(C) %# 4tate la" methods3 &ule %(e)(1) a# Incorporates 1) 4tate in "hich action pending and ') state in "hich service effected 5# >aiver of 4ervice a# 2efendant ma "aive formal service of process b mail3 &ule %(d) i# 2efendant preserves objections to venue or personal or subject matter jurisdiction ii# 2efendant gets e:tra time to ans"er complaint (<9 instead of '1 da s) iii# If defendant fails, "ithout good cause, to sign and return "aiver, court impose on defendant 1) e:penses incurred b plaintiff in underta(ing formal service and ') costs and attorne s6 fees of an motion plaintiff brings to collect e:penses b# +irst3class mail or other reliable means 1) form notif ing defendant of suit, ') cop of complaint,

Service of Process 4ervice of 0rocess of /usiness 1# 4ervice of process on an officer, a managing or general agent, or an other agent authori=ed b appointment or b la" to receive service of process3 &ule %(h)(1)(/) ?eographic &estrictions 1# Court "ith personal jurisdiction over defendant ma have process served an "here in state '# 0rocess outside of forum state proper onl if state has personal jurisdiction a# @ong3arm and Constitutional tests -# 1ethod for service of process on out3of3stater in long3arm statute +ederal Court &estrictions 1# +ederal court can serve process to establish personal jurisdiction onl if defendant "ould be subject to personal jurisdiction in state court3 &ule %(()(1)(A) '# A:ceptions3 +ederal court can serve process outside state3 regardless of state la" if) a# Authori=ed b federal statute3 &ule %(()(1)(C) b# /ulge &ule) 1) 4ervice out of state onl if effected "ithin 199 miles of federal courthouse in "hich action is pending and ') defendant brought in under &ule 1% (impleader) or &ule 1B (necessar parties)3 &ule %(()(1)(/) c# 1) +ederal Cuestion jurisdiction ') 8o state in "hich defendant subject to personal jurisdiction -)

Plaintiffs Pleadings
0laintiff6s 0leading 1# 0laintiff must allege cogni=able claim in pleading (complaint) a# If not, case can be dismissed at pleading stage '# 2efendant must respond in timel and proper fashion "ith motion of b filing and serving a pleading (ans"er) a# If not, defendant ma lose b default -# Issues properl asserted b plaintiff and denied b defendant are !joined$, leading to discover Complaint 1# Complaint must contain3 &ule ;(a)3 pleadin$ that states a laim for relief) a# 4tatement of grounds of subject matter jurisdiction3 &ule ;(a)(1) b# 4tatement of claim3 &ule ;(a)(')3 and c# 2emand for relief sought3 &ule ;(a)(-) 4tatement of Claim) 1# '# -# %# +ederal &ule ;(a)(')3 short and plain statement of the claim sho"ing that the pleader is entitled to relief Code pleading3 plaintiff must set forth a statement of the facts constituting a cause of action @egal sufficienc 3 complaint must state a claim "hich the la" "ill recogni=e +actual 4ufficienc 3 a# +ederal3 i# !8otice 0leading$7 &ule ; onl reDuires defendant be given !fair notice of "hat the plaintiff6s claim is and the grounds upon "hich it rests#$ Conley v. %i&son 1) 4hould not be dismissed under &ule 1'(b)(<) unless it appears be ond doubt that the plaintiff can prove no set of facts in support of his claim "hich "ould entitle him to relief# ii# !'wi(&al$7 *here must be plausibilit , and not mere possibilit in claim# 'wom&ly 1) Ignore legal conclusions in complaint7 ') @oo( to factual allegations to see if claim plausible# I(&al b# Code3 Certain7 not too general to be conclusor statement of la", not too specific to be statement of evidentiar fact

Defendants Pleadings
2efendant6s 0leading) Ans"er and 1otions 2efendant must be served "ith process under &ule % or might "aive formal service3 &ule %(d) 2efendant must respond in prescribed "a "ithin '1 da s or ris( losing b default o Ans"er o 1otion

Ans"er 1# Ans"er made "ithin '1 da s of service of process a# 2a of service not included3 &ule <(a) b# If deadline falls on "ee(end or holida , it is e:tended to ne:t business da '# 2efendant must serve (not file) responsive pleading3 &ule 1'(a)(1) -# If first ans"ered b motion, defendant must ans"er within 1% da s after notice of court6s denial &ule 1'(b) 1otions to dismiss (1) @ac( of subject matter jurisdiction7 (') @ac( of personal jurisdiction7 (-) Improper venue7 (%) Insufficient 0rocess7 (5) Insufficient 4ervice of 0rocess7 (<) +ailure to state a claim on "hich relief can be granted7 (E) +ailure to join an absentee under &ule 1B 2efendant must raise (') F (5) in first response under &ule 1' or the "ill be "aived (<) and (E) can be raised an time through the end of trial (1) can be raised an time in case, even for first time on appeal# A:# Mottley7 4upreme Court on cert#

&ule 1'(c)3 1otion for judgment on pleadings 4ame as &ule 1'(b)(<), but is brought after defendant served ans"er

&ule 1'(e) 1otion for more definite statement Addresses complaint that !is so vague or ambiguous that the part cannot reasonabl prepare a response#$ 2oes not address legal or factual insufficienc 7 addresses complaint that cannot be understood 1ust point out defects and details desired G1ust ma(e motion before ans"eringG If granted, plaintiff has 1% da s to plead "ith more clarit , and defendant has 1% da s "ithin service to respond to clarified complaint

&ule 1'(f) 1otion to 4tri(e An part ma move to stri(e pleadings or portions thereof o 4tri(e insufficient defense or an redundant, immaterial, impertinent, or scandalous matter 1ust be made before responding to complaint, and plaintiff must move to stri(e "ithin '1 da s after being served "ith defendant6s response