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PERSONAL JURISDICTION (Forum Non Conveinens (Piper Aircraft: To Dismiss:…

- - - - Private Interest Factors
        
        Π’s chosen forum is inconvenient to ∆
        
        Ease of access of proof
        
        Cost of obtaining willing/unwilling witnesses
        
        Enforceability of judgement
      - Public Interest Factors
        
        Court's own convenience and administrative efficiency
        
        Change in law (no unfavorable law)
        
        Application of applying foreign laws
        
        Difficult because the court doesn’t know the laws of the foreign forum
        
        The only time it’s given weight is when the alternative forum's laws are less favorable to the π
        
        Unrelated form of jury duty
    - - Limit-forum shopping and overcrowding of US Courts
      - Maintain international relations
      - Statute of limitations in alternative forum
- - - - Due Process
        
        Minimum Contacts: International Shoe
        
        Specific Jurisdiction or General Jurisdiction?
        
        Specific Jurisdiction:
        Claim arises/relates directly from someone’s contacts/(business) activity within the forum; low level of quality and nature not to offend DP
        
        Purposeful Availment
        
        Hanson:
        “reaching out” to that forum in order to enjoy/seek the benefits or privileges of that state
        
        2 more items...
        
        McIntyre: Intentional Targeting
        
        2 more items...
        
        Substantial Connection
        
        McGee
        One contract with one person in the forum constitutes a substantial connection
        
        1 more item...
        
        Shaffer: Property
        
        Has to have minimum contacts with that specific property; unless it’s directly relating to the claim
        
        Not enough to have property in the forum
        
        General Jurisdiction:
        Claim is unrelated to contact within the forum; Anyone can sue in the forum; totally unrelated to the (business) activity in the forum; requires much more level of quality and nature not to offend DP
        
        "At Home" for Corporations
        
        Goodyear: "continuous and systematic" business activity placing ∆ essentially "at home" in the forum.
        
        1 more item...
        
        Principle place of business-HQ
        
        Place of Incorporation
        
        Fairness Factors
        Brennan's Dissent
        
        Burden on π
        
        Burden on ∆
        
        Interest of forum (state)
        “protect/serve citizens and rights”
        
        Interstate Interest
        
        Shared interest of the forum
        
        Foreseeability
        
        WWVW: Stream of Commerce
        
        1 more item...
        
        ∆ has to foresee that he is able to be brought to court in a forum
        
        ∆ cannot foresee a π’s unilateral activity, which out of ∆’s control
        
        “Maintenance of the suit against the ∆ does not offend traditional notions of fair play and substantial justice”
        “Continuous and Systematic”
        
        Traditional Basis: Pennoyer
        
        Domiciled
        
        People
        
        One place
        
        Where they are presently and where they intend to remain
        
        2 more items...
        
        Corporations
        
        Place of Incorporation
        
        Principle Place of Business- HQ
        
        Consent
        
        Forum Selection Clause?
        
        Carnival Cruise: Forum-Selection Clauses are enforceable/legit as long as they are fair and reasonable
        
        Π is bound by this because they had notice
        
        Upheld because π benefited from the clause (even though there was no ability to bargain)
        
        Test:
        
        3 more items...
        
        Waived Rule 12(b)(2)
        
        Served in State
        
        Burnham: Scalia:∆ in state for any amount of time
      - Long-Arm Statute
        
        State's statute that allows for the statue court to obtain PJ over a nonresident ∆, provided that nonresident ∆ has sufficient connections with the forum.
        
        Basically a § that allows states to reach over their boundaries and assert PJ as far as DP allows
        
        Look at State's long-arm § very carefully and apply it to the facts.
    - - An act done/directed with reference to no specific person, “all whom the claim might concern”
        
        State jurisdiction relies on property being in that state
        
        Property, status questions, universal ownership/entitlement
    - - Court has jurisdiction over a person AND that person’s property if the person (non-resident) OWNS the property in that state.
        
        Eliminated by Shaffer
        See Minimum Contacts