1 rule purposeful availment occurs when a party

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1. Rule: Purposeful availment occurs when a party reaches out and into another forum such that it creates the minimum contacts necessary to satisfy the requirements of Int’l shoe 1. Purp availment emphasizes having made deliberate choice to relate to state in some meaningful way. Required before ∆ can be made to bear burden of defending there 3. Hanson v. Denkla : Does an involuntary act, such as being a designated the recipient of a trust establish minimal contacts? 1. An act that creates a purposeful availment must be voluntary, and isolated or unilateral occurrences don’t meet the threshold of Int’l Shoe. Foreseeability is not established by isolated activities w/in a forum 4. Grey Radiator: To what extent does a corporation that sells a product create minimal contacts w/in a forum? 1. Rule from Grey radiator As general proposition, if corp elects to sell its products for ultimate use in another state, it’s just to hold it answerable there for any damage caused by defects in products. 1
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1. Where business done by a foreign corporation in forum is sufficiently substantial nature, it’s permissible for the state to entertain a suit against it even though the COA arose from activities entirely distinct from its conduct within the state. 2. Knowing your product as a supplier will reach a market = purp avail 5. Kulko: Does allowing a child to spend more time in another state than a separation agreement mandates create a personal availment on the part of that parent? 1. Rule: The mere act of sending a child to a state to live with her mother is not a commercial act and connotes no intent to obtain or expectancy of receiving a corresponding benefit 1. Isolated/Unilateral acts of a non-commercial nature don’t reach Purp availment 4. The Constitutional Requirement of Notice to the Defendant: 1. Mullane v. Central Hanover Bank : What creates an acceptable service w/ regard to due process? 1. Requirement of due process is notice reasonably calculated, under all circumstances, to apprise interested parties and afford them opportunity to present objections. Notice must reasonably convey required information, and must afford a reasonable time for interested. (certified mail is considered a reasonably calculated effort) 2. Dusenberry: Is service by mail adequate to inform a federal prisoner of a property seizure? 1. Rule: Using language of Mullane: certified mail was reasonably calculated to apprise an interested party 3. Jones v. Flower : If a plaintiff learns that a reasonable effort at notice fails, is more required? 1. When state knows of actual failure to receive summons state must make greater effort 5. Long arm statutes: states implement the minimum contacts test: Fed. R. Civ. P.4 (k) 1. Rule: 4(k): Federal Jurisdiction: Territorial Limits of Effective Service.
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