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Footnotes: 1. All states have some kind of statute that allows for a traditional basis for asserting jurisdiction. 2. A person may consent to PJ long in advance of the litigation. Sometimes parties to a contract agree to litigate only in a designated forum. Such provisions have been upheld even if it is burdensome for one party. Carnival Cruise Lines. 3. Consent to jurisdiction can be manifested by appoint of an agent for service of process within the state. National Equip. Rental Ltd. 4. Parties may also consent to jurisdiction by virtues of their conduct in litigation. The S. Ct. held that by filing a complaint, the P consent to a counterclaim filed against the P by the D. Adam. A D has a right to object to PJ that can be waived at any time. A failure to raise a timely objection constitutes a waiver 5. All states have nonresident motorist statutes similar to Hess. An example of implied consent and specific jurisdiction. 6. The intent of the individual to make a particular location a permanent home and facts indicating that the party had physically located there. Must be at the time the cause of action arose. Milliken. A state can assert jurisdiction to dissolve a marriage if either spouse is domiciled there. 7. Weigh nerve center v. place of activity. Olson. See Subject Matter Jurisdiction flowchart. 8. Some are enumerated acts and some are coextensive with 14th Amendment. Most LAS are not D friendly. Usually must defeat by showing LAS is unconstitutional. Most allow PJ for tortious acts committed w/in the FSt and for tortious injury in the FSt caused by an act or omission outside of the FSt. Argue both. 9. Every state has one. PJ is only proper if falls within terms of LAS and jurisdiction is constitutional (Shoe test). 10. See Minimum Contacts Framework flowchart. No Is there a long-arm statute providing for jurisdiction?8,9 Yes Was D present in the FSt when process was served on him? No Are any of the following true? a) Consent through FSC?2 b) Consent through appointment of an agent?3 c) Consent through conduct in litigation?4 d) Nonresident motorist statute applies?5 e) D is domiciled in FSt?6 f) State of incorporation or principal place of business?7 No No Does the long-arm statute provide for these contacts?8,9 Yes Is there a purposeful availment?10 Yes Satisfies minimum contacts analysis?10 Yes Is jurisdiction reasonable? a) Burden on the D (primary concern). b) Forum State's interest in adjudicating the dispute. c) Ps interest in obtaining convenient and effective relief. d) Interstate judicial systems interest in obtaining the most efficient resolution of controversies. e) Shared interest of the several States in furthering fundamental substantive social policies. Yes Valid P.J. No No PJ. In Asahi, the S. Ct. found unreasonableness b/c: a) Unreasonable burden to defend on foreign soil. b) Forum does not have a reasonable interest in adjudicating a dispute between two foreign companies over an claim that arose from an action that took place in Taiwan c) P was not a resident of the FSt. d) Great care must be exercised when haling a foreign company into a US court No No PJ. Shoe. No No PJ; must be purposeful availment. Hanson. Must be a long-arm statute that allows for assertion of PJ over non-resident Ds. Yes Valid P.J. Yes Valid PJ even for transient presence and regardless of purpose. Burnham. No Must be a long-arm statute that allows for assertion of PJ over non-resident Ds.
No in rem or QIR jurisdiction. Is there an attachment statute? Yes Could get in rem or QIR jurisdiction; go to minimum contacts analysis.
No
No No PJ
Valid PJ = continuous and systematic activities in FSt + cause of action is related to that activity E.g., Shoe
Probably PJ = sporadic activity or single act in FSt + cause of action arises out of that activity or act Specific Jurisdiction? Usually enough but still must be purposeful availment and claim must arise out of the contact, no just be related to it. E.g., McGee, Helicopteros (no PJ b/c claim was related to but do not arise out of the contact)