Personal jurisdiction becomes predictable once you keep the analysis in order: general jurisdiction first, then specific jurisdiction, then fairness. Skipping that order creates most Civ Pro mistakes.
Personal jurisdiction becomes predictable once you keep the analysis in order: general jurisdiction first, then specific jurisdiction, then fairness. Skipping that order creates most Civ Pro mistakes.
Personal jurisdiction determines whether a court has power over a particular DEFENDANT. Unlike subject matter jurisdiction (power over the case type), PJ is about the defendant's relationship to the forum.
THE TWO-STEP ANALYSIS: Every PJ question requires checking BOTH: 1. STATE LONG-ARM STATUTE: Does state law authorize jurisdiction? 2. DUE PROCESS: Is jurisdiction constitutional under the 14th Amendment?
Many states have long-arm statutes extending to the "full limits of due process" - so the real analysis is constitutional.
THREE TYPES OF PERSONAL JURISDICTION:
1. GENERAL JURISDICTION ("All-Purpose"): • Court can hear ANY claim against D, even completely unrelated to forum • INDIVIDUALS: Domicile (residence + intent to remain) • CORPORATIONS: Only where "at home" (Daimler 2014): - State of incorporation - Principal place of business (headquarters/"nerve center") - Exceptional case: Operations SO substantial = essentially at home (very rare)
Example: D Corp incorporated in Delaware with HQ in New York → General jurisdiction ONLY in DE and NY. Can sue D there for slip-and-fall in California.
2. SPECIFIC JURISDICTION ("Case-Linked"): • Court can hear claims that ARISE FROM or RELATE TO D's forum contacts • Requires: (1) Purposeful availment (2) Claim relatedness (3) Reasonableness • Most common type tested on MBE
Example: D Corp advertises and sells products in Florida. P buys product in Florida and is injured. P can sue in Florida for THIS claim.
3. TRANSIENT JURISDICTION ("Tag"): • Individual defendant personally served while physically present in forum • Valid under Burnham v. Superior Court (1990) even for brief presence • Does NOT apply to corporations (corporations can't be "tagged") • Exception: Presence obtained by fraud or force is invalid
Example: D, domiciled in Texas, is vacationing in California. Process server hands D summons while D is at Disneyland. California has transient jurisdiction.
MBE TIPS: • If question asks about claim UNRELATED to forum → think General Jurisdiction • If question involves a corporation → specific jurisdiction unless incorporated/HQ there • Transient only works for INDIVIDUALS physically served in forum • PJ can be WAIVED (unlike SMJ) - must raise in first response
HYPO: P, a Florida resident, was injured in a car accident in Georgia. The other driver (D) is domiciled in Georgia. D's car was manufactured by AutoCo, a corporation incorporated in Delaware with its principal place of business (headquarters) in Michigan. AutoCo sells cars nationwide through independent dealerships but has no offices or employees in Florida.
P wants to sue BOTH D and AutoCo in Florida federal court. Analyze personal jurisdiction.
ANALYSIS:
AS TO D (INDIVIDUAL): • General Jurisdiction: D is domiciled in Georgia, NOT Florida. No general jurisdiction. • Specific Jurisdiction: Did D purposefully avail himself of Florida? NO - the accident occurred in Georgia, D has no Florida contacts. The claim doesn't arise from any Florida activity. • Transient: Unless D is personally served while physically in Florida, no tag jurisdiction.
RESULT: Florida likely has NO personal jurisdiction over D.
AS TO AUTOCORP (CORPORATION): • General Jurisdiction: AutoCo is "at home" in Delaware (incorporation) and Michigan (HQ). NOT Florida. Selling cars through dealerships nationwide ≠ "at home" in every state (Daimler). • Specific Jurisdiction: - Purposeful Availment: AutoCo sells cars nationwide, including through Florida dealerships - But Relatedness FAILS: P was injured in GEORGIA, not Florida. The claim doesn't arise from AutoCo's Florida contacts.
RESULT: Florida likely has NO personal jurisdiction over AutoCo for this claim.
BETTER FORUM: Georgia has: • General PJ over D (domicile) • Specific PJ over AutoCo (accident occurred there, AutoCo sells cars there)
MBE TAKEAWAY: Just because defendant does business in a state doesn't mean every claim can be brought there. For specific jurisdiction, the CLAIM must arise from THAT STATE's contacts.
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