Threshold Questions
1. Can the Plaintiff bring this action in this state?
2. Does the state STATUTE allow the court to bring the defendant into court?
3. Does the Constitution allow the defendant to bring the defendant into court?
Statute/Permission – In Personam
1. Traditional bases statutes
2. Nonresident motorist statutes
3. Long-arm – Gray - Requires statutory interpretation: ARGUE BOTH WAYS
i. Argument for instate - Tort committed in state because injury committed instate
ii. Argument for OOS – Tort committed OOS because the requisite negligence in mftr which occurred OOS.
Fed courts have SAME PJ as State Statute (Rule 4k) – Unless another statute authorizes otherwise (DeJames – no nat’l min contacts)
Constitutional Power – In Personam (Preferred over In Rem/Quasi in Rem)
1. Traditional Bases: (Pennoyer, Burnham)
a) Domicile – Milliken v. Meyer, Blackmer (out of country, but domiciled in state)
b) Presence – Burnham (1990) – Scalia – “mere presence is enough”/Brennan – min contacts
c) Consent/Waiver:
Express consent
Waiver - not filing a Rule 12(b)(2) in first response (answer or motion)
Implied consent – Hess v. Pawloski (1927) – nonresident motorist statute
2. General jdx – D can be sued in this state on a claim that occurred anywhere in the world.
o defendant has continuous systematic ties with the forum
o Perkins v. Benguet (WWII case), Helicopteros
3. Specific jdx – D can be sued in this state on a claim that arose in this state.
o Minimum Contacts – International Shoe
B. Fairness Factors - Def has burden of proof to show the forum is so GRAVELY INCONVENIENT that Def is at a
SERIOUS DISADVANTAGE IN THE LITIGATION – Very HIGH Standard of Proof
• Burger King could not meet standard
• Unfair WWVW and Asahi
• Hess – did not have a fairness factor - auto consent. State-established consent likely to be valid if