PJ Flowchart

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Traditional Base Test

Is Def a resident of forum state?


- Individuals: Residence / Corporations: Place of Business Does Defendant own property in state?
Was Defendant served within the state?
 Personal Service: 2 PRONGS [Scalia: No Shoe or Brennan: goto Shoe]
Was there consent to PJ?
 Actual Consent – General Appearance.
Does property relate to suit?
 Implied Consent – Via agent as in Hess.
Shaffer Fork (quasi in rem) :
1. Shoe analysis still needed if property is not
source of dispute.
2. Real estate directly related to controversy may
not need Shoe analysis. Contacts inherent.
General Jurisdiction over Defendant?
1. Are Def. contacts with state systemic or pervasive?
Helicopteros Sets General PJ Standard
o Factors Not Good Enough [very difficult standard]
Does state’s Long Arm cover defendant?
 Purchase of Chopper fleet in Forum
- Rule 4(k)(1)(a) references / incorporates state law
 Choppers retrieved, flown back from Forum
- Statute may be interpreted broadly as in Gray
 CEO negotiated contract in Forum
 $4 Million in Business in Forum
 Employees trained in Forum
Specific Jurisdiction over Defendant?
*Majority rejects each factor individually, but what about sum of factors?
Minimum Contacts Analysis:
Step [1] Contact between Defendant and Forum.
 Purposeful availment
 Foresee being sued in Forum?
o Unilateral act insufficient (WW Volks)
o Long term contract sufficient (Burger King)
o See Hustler, Calder
 ISSUE – Stream of Commerce Cases (Ashahi)
o O’connor – requires plus factor (marketing or
Plaintiff has Personal custom design)
o Brennan – good enough, Def. benefits from sales
Jurisdiction over Defendant
regardless of how products get there.

Only If Contacts are sufficient then

Step [2] Fair play and substantial justice


5 Fairness Factors
1. Defendant’s inconvenience [gravely so, Burger
King (difficult to meet]
2. State’s Interest (McGee)
3. Plaintiff’s interest in litigating at home [injury]
4. Interest in efficiency
5. Interstate interests in shared substantive
policies [Kulko – family harmony, no very
important]

No personal jurisdiction unless defendant waives objection.

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