CivPro-JLP-MININOTES

CivPro-JLP-MININOTES - PERSONAL JURISDICTION over Ds Did D...

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PERSONAL JURISDICTION over Ds Did D waive personal jurisdiction? Federal Court: no 12(b)(2) or not included in Answer? General ? Traditional bases? Presence, consent, domicile OR doing business that is systematic and continuous (boots on the ground, doing business in the state not with the state)? Specific ? Does the state have a long arm statute that would allow for service of process outside the state? Rule 4(k)(1): federal courts limited to jurisdictional bases that are available under state law Does the language of the statute apply to the facts of the case ? Analogize to Ingrahm ; laundry list long arms typically more restrictive than min contacts Due process : Does D have minimum contacts with the forum state such that it would not offend traditional notions of fair play and substantial justice? Traditional Bases: Burnham Debate: Minimum Contacts nec for all assertions of jurisdiction or only absent Ds? Absent Ds: Is the language of the long arm being applied constitutionally to the facts of the case at hand ? Prong #1 Contacts : Cause of action arises out of D’s contacts in the forum state (“related to” debate, Helicopteros ) and D purposefully availed himself to the forum state and availed himself of the benefits and privileges of the forum state such that it would be foreseeable that he would reasonably expect to be haled into court there ( Calder effects test, Shoe: doing business, etc.) Debate: stream of commerce Prong #2: Fairness : balance interests; Burden on D to defend suit in forum grossly unfair such that he is at a severe disadvantage to the P (high Burger King standard); interests of P; interests of forum state in providing a forum for its residents to adjudicate the matter; sovereignty issues; interstate issues/international concerns NOTICE Did D waive formal service? Federal Court: Rule 4(d) or waive by not raising 12(b)(5) or in Answer? Procedure: Sufficient service of process: Federal Court: Rule 4(e)(1) either state forum rules or state in which service is effected OR Rule 4(e)(2) ; Individuals/only: personal service, substituted service in dwelling or usual place of abode to a person of suitable age and discretion residing therein; or service to an authorized agent? Corporations: Rule 4(h)(1) personal service to an officer; agent authorized to receive service of process; if agent authorized by statute: also by mailing a copy to D Due Process: Notice reasonably calculated under the circumstances to apprise parties of the pendency of the action and provide them with an opportunity to be heard? SUBJECT MATTER JURISDICTION State Court: courts of general jurisdiction Motion to dismiss for lack of smj: 12(b)(1); smj NEVER EVER WAIVED! Federal Court:
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CivPro-JLP-MININOTES - PERSONAL JURISDICTION over Ds Did D...

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