Demented Inc

Personal Jurisdiction Over

Charles

The forum state has

over D, because D

by

Type of PJ

General description of type of conduct

needed for that type of pj

Specific acts of this D that satisfy

that standard

Basic Format for a Personal Jurisdiction

Exam Answer

The forum state has

over D, since

and

Type of PJ

Generally stated standard for that

type of pj

Specific facts showing that this

case satisfies that standard

Alternative Basic Format for a Personal Jurisdiction

Exam Answer

Maine has over D because

by

transient jurisdiction

P served D in the state

delivering a copy to D while D was in Maine.

Easy example

Utah has long arm jurisdiction over D because •D has purposefully availed itself of the state of Utah by . . . •Utah is a reasonable forum for the litigation since . . .•The cause of action arises out of D’s contacts with Utah

¶ identifying facts showing

purposeful availment

¶ discussing facts making

forum reasonable

¶ showing how this c/a

arose out the contacts

Steps to Take Before Answering

• Identify facts relevant to pj

• Decide what type of pj fits those facts

• [If transient pj] figure out how and where D should be served

States in the Charles / Demented Problem

Demented in Mississippi

• PJ Facts

– Incorporated in Mississippi

• PJ Basis

– Domicile

• Service

– RA or whatever

• Mississippi has pj based on domicile

• since a corp is domiciled in its state of incorporation &

• Demented was incorporated in Mississippi

First Steps Answer

This is all you need

to say!

Charles in Mississippi

• PJ Facts

– President of Mississippi Corp

• PJ Basis

– ?????

• Service

• No PJ over Charles

First Steps Answer

Demented in Louisiana

• PJ Facts– PPB in LA– Registered to

do business– Apptd RA

• PJ Basis– Consent

• Service– Serve RA

• LA has consent pj over D

• since a corp that registers to do business in a state consents to the states pj &

• D has registered in LA

First Steps Answer

Charles in Louisiana

• PJ Facts

– Goes to the office there

• PJ Basis

– transient

• Service

– Personal at the office

• LA can acquire transient pj over Chas

• Because a state has pj over persons served in the state &

• Chas can be served in his office in LA

First Steps Answer

Then Discuss Potential

Exceptions

Demented in Florida

• PJ Facts

– Slander uttered in FL

– President there on Corp business

– Some witnesses there (ID who)

– Florida interests (ID what)

• PJ Basis

– Long arm

First Steps

Long Arm takes a more extended

answer!

Demented in Florida

Answer

• FL has long arm pj over Demented

• To have long arm pj,

– D must have purposefully availed itself of the state

– The forum must be reasonable

– The C/A must arise out of or relate to the D’s contacts with the state

• In this case, Demented has purposefully availed itself of FL since its President made the allegedly slanderous statements within the state

• FL is a reasonable forum:

• Witnesses to the slander are likely to be located in FL

• D’s conduct occurred in FL

• FL has an interest in regulating statements made within its borders

• In any event,

• Once purposeful availment has been established

• A forum will be considered unreasonable only if

• D makes a compelling case

• Showing grave inconvenience

• The C/A arises out of D’s conduct in the state since

• Even the strictest nexus standard is satisfied when the forum contacts are elements of P’s case

• Chas’s statements in FL are elements of P’s case.

Charles in Florida

Essentially Same as Demented

First Steps Answer

Demented in Arkansas

• PJ Facts– P lives there– P practices law there– D used P’s legal services there on

one previous occasion– Fred considered hiring P for work

there• PJ Basis

– Long arm??

First Steps

Demented in Arkansas

Answer

Charles in Arkansas

Essentially Same as Demented

First Steps Answer

Demented in Alabama

• PJ Facts

– Prime contractor on plant for 5 yrs

– No activity since

– Not registered to do business

– No registered agent

• PJ Basis

– Long Arm??

– General??

First Steps

Demented in Alabama Answer

• AL does not have long arm jurisdiction over Demented, since

• The P’s c/a does not arise out of or relate to D’s contacts with the AL

D’s building the plant in AL did not cause the injury (in fact or proximately)D’s building the plant in AL is not an element of P’s c/aD’s building the plant in AL would not ordinarily be alleged in P’s c/a

D’s building the plant in AL does not make this type of incident (slander at business dinner in FL) significantly more likely

Demented in Alabama Answer

• AL might have general jurisdiction over Demented

• Demented’s building the plant would constitute systematic and continuous contact with the state

But note question whether general jurisdiction authorizes suit after the contacts have stopped.

Charles in Alabama

• PJ Facts

– Was present in state on regular basis for five years

– No contact since

• PJ Basis

– Long Arm??

– General??

First Steps

Charles in Alabama Answer

• AL might have general jurisdiction over Charles

• Demented’s activities would constitute systematic and continuous contact with the state

But note question whether general Jurisdiction authorizes suit after the contacts have stopped.

Also note footnote 1 in Burnham & the question whether general jurisdiction applies to individuals.

Charles in Colorado

• PJ Facts

– Goes to cabin there

• PJ Basis

– transient

• Service

– Personal at cabin

• CO can acquire transient pj over Chas

• Because a state has pj over persons served in the state &

• Chas can be served at cabin in CO

First Steps Answer

Demented in Colorado

• PJ Facts

– Pres goes to cabin there

• PJ Basis

– Transient ??

• Service

– Personal at cabin ??

• CO may be able to acquire transient pj over D by serving its president in CO

• But it is unclear whether corp officer service is good unless officer is doing corp business

First Steps Answer

Charles in South Carolina

• PJ Facts

– Citizen of SC

– House there

– Family there

• PJ Basis

– domicile

• Service

– residence

• SC has domicile pj over Charles

• A state has domicile pj over its domiciliaries even if they are not present in state, and

• Charles is domiciled in SC

First Steps Answer

Demented in South Carolina

Corporate President’s domicile is irrelevant to pj

over corporation. No pj over demented in SC.

First Steps Answer

Oregon

Anybody want to argue that Oregon

has personal jurisdiction over

Charles or Demented?

Serving Charles in SC (Rule 4(e)(2))

• Is his SC house his “dwelling house or usual place of abode”?

• Would it be okay to leave the summons with

– His wife?

– His butler at the front door?

– His butler on the steps leading from the sidewalk to the house?