CIV PRO BOCKRATH FALL 2012

I.

Personal Jurisdiction
A. State Courts in personam jurisdiction 1. Steps to Determining In Personam Jurisdiction (State) i. Forum (Federal or State?) ii. Defendant in or out of state? iii. Statute? What type? (La RS 13.3201 (a) (b)) Do facts presented fit long arm statute? iv. Due Process Clause? Ways to establish (consent, service, minimum contacts, etc)
2. Further Steps for every fact pattern/case a. Identify forum state where original suit was filed and then in () put state or federal court b. Know home state of defendant in original case = domicile c. Know where plaintiff resided when original suit filed = domicile d. In what state did original activity occur that caused suit state where claim is made = Claim If the defendant is located and Personally Served in the forum: personal jurisdiction If the defendant is located OUTSIDE of the forum, required to have statute to reach out (long-arm statute)

3.

a. LA R.S. 13.2301 Types of in personam Jurisdiction a. GENERAL i. Systematic and Continuous relationship with the forum, the claim does not arise out of the activity in the state ii. Isolated act, claim does not arise from act b. SPECIFIC i. Systematic and Continuous relationship with forum, claim arises from activity ii. Isolated Incident in forum, claim arises from incident **Note: still have to have significant contact in forum state and a statute to reach out in order to satisfy due process**

B. Ways to Establish Personal Jurisdiction A. B. C. D. E. F. Statute Service in Forum (Best and obvious choice) Attachment Consent Domicile Civil Status

G. Contact

4.

Attachment, Domicile, Implied Consent

Pennoyer v Neff (Attachment) o Due Process is required to bring action on an out of state defendant o Having property of a nonresident within state, may attach to gain jurisdiction as long as notice is given. o Process required by 14th Amendment Milliken v. Meyer (Domicile) o Domicile in state is alone sufficient to bring an absent defendant within the reach of the states jurisdiction for purposes of a personal judgment by means of appropriate substituted service that meets due process Hess v. Pawloski (Implied Consent) o Statute required to get in personam jurisdiction over an out-of-state defendant o service on a nonresident by delivery of process to the registrar and mailing a copy to nonresident acceptable (Implied consent by driving in state) o Isolated incident can establish jurisdiction Specific jurisdiction claim arose from activity in the state

5. Minimum Contacts a. International Shoe v. Woodson (Minimum Contacts) i. What did the actor do in the forum? ii. The defendant has minimum contacts with the forum so that traditional notion of justice are met Based on the nature of the problem determined by the court Systematic and Continuous Relationship with the forum Requires to look at what the defendant did in the forum, to what extent b. Smyth v. Twin State i. With a long arm statute, minimum contact in a state for in personam jurisdiction can be satisfied on a single isolated incident, such as a tort, or doing business in the state. (specific jurisdiction) Court uses service of process to a state representative (Hess) and minimum contact in the state (Intl Shoe) Minimum Contacts test is not static as travel, communications, and economy evolves, amount of contact to suggest minimum is changed.

6. Purposeful Availment a. 7. Foreseeability