Presentation on theme: "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."— Presentation transcript:
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 StepsAnswer This is all you need to say!
Charles in Mississippi PJ Facts –President of Mississippi Corp PJ Basis –????? Service No PJ over Charles First StepsAnswer
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 StepsAnswer
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 StepsAnswer 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 StepsAnswer
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 StepsAnswer
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/a D’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 StepsAnswer
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 StepsAnswer
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 StepsAnswer
Demented in South Carolina Corporate President’s domicile is irrelevant to pj over corporation. No pj over demented in SC. First StepsAnswer
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?