8/7/2019 Personal Jurisdiction Flowchart

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PERSONAL JURISDICTION

Is a resident of forum state? Individuals: State of Residence Corporations: State of incorporation andprincipal place of businessWas served with process in state?

Tag Jurisdiction: Upheld in BurnhamDoes consent to PJ? (appearance)

Does own ro ert in state?

Does property relate to suit?

Requirement in Shaffer v. Heitner Fork: Majority suggests this is

required for real estate as well.Concurrences disagree

Does states Long Arm Statute cover ? Rule 4(k)(1)(A) references/incorporates state law Statute may be interpreted broadly, as in

Gray v. American Radiator

No Personal Jurisdiction unless waives objection

may make a 12(b)(2) motion

General Jurisdiction over ? Are s contacts with statesystematic or pervasive?

Helicopteros sets standard; thefollowing were notsufficient: Purchase of entire copter fleet in TX Copters retrieved, flown back from TX

CEO initiated negotiations in TX $4 million in business over 7 yrs. in TX Employees continuously in TX for 7 yrs. Pilots trained in TX over 7 yrs.

Note: Majority rejects eachfactor individually, but neverconsiders the sum. Fork?

Clearly a very high bar to meet

Fairness Factors satisfied? Interests, burdens of the parties Chosen forums interest

Interest of other forums Interest of judicial system Applicable state lawLook to Burger King,Asahi Metal

Specific Jurisdiction over ? Minimum Contacts: Did s contacts withstate give rise to s harm

Purposeful Availment: Did takedeliberate action towards state?

World Wide Volkswagen: Being subjectto suit must be foreseeable. Unilateral actof not sufficient.

Burger King: Signing long-term contractof affiliation with party in state sufficientfor minimum contacts there

Fork: Stream of CommerceIf puts products into stream of commerce,is he purposely availing himself to whicheverstate the products end up? Asahi Metaldoes not resolve this. OConnor view: Not enough, mustclearly seek market there.

Brennan view: Good enough, benefitsfrom sales in other states regardless of howproducts get there

has PersonalJurisdiction over