Place of Incorporation [28 USC 1332(c)]
Principle Place of Business [28 USC 1332(c) AND
The principle place of business is where a corporation's high level officers
the corporation's activities. It is referred to as the
its headquarters. (
Physical Presence (
Intent to Remain Indefinitely (
Old domicile remains until new is established. (
Long Arm Statute
Does the state's Long Arm Statute apply?
Virginia Long Arm Statute
A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to
a cause of action arising from
(c) Causing tortious injury by an act or omission in this Commonwealth;
(b) Contracting to supply services or things in this Commonwealth;
(d) Causing tortious injury in this Commonwealth by an act or omission
this Commonwealth if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this Commonwealth.
(a) Transacting business in the Commonwealth;
California Long Arm Statute
"A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States."
Does the application of that state's Long Arm Statute to this case violate due process under the 14th Amendment?
Minimum Contacts Test:
Doesn't offend fair play and substantial justice
Benefits and Burdens - if enjoying the benefits of doing business within the state, must accept the burdens.
Continuous and systematic business
Sliding Scale of relatedness of contacts within the forum state of the cause of action.
TO MINIMUM CONTACTS: unilateral acts of the plaintiff are not enough to satisfy minimum contacts (
TO MINIMUM CONTACTS: "it is
that the defendant
themselves of the privileges of conducting activities within the forum state. (
Stream of Commerce
: No majority- 4/3/2 split
3 concurrent justices agreed
4 said Stream of Commerce alone is enough "as long as Defendant is aware that final product is being marketed in the forum state."
2 justices on fence
- No majority- 4/2/3 split
4 said NOT ENOUGH: "The defendant's transmission of goods permits the exercise of jurisdiction only where the defendant could be said to target the forum"
3 said Stream of Commerce alone is fine
2 said they did not know
Fourth Circuit Opinion
Where a defendant has "targeted the forum with its goods, sufficient contacts exist." (
ESAB Group, Inc. v. Zurich Ins.
Effects Test (
Committed an intentional tort (i.e. slander)
defendant expressly aimed tortious conduct at forum such that the forum can be said to be the focal point of tort activity
Plaintiff felt brunt of harm in forum, such that forum can be said to be the focal point of harm, and
Websites Test (
Fourth Circuit Adaption:
(a) Must direct electronic activity into state
(c) that activity creates a cause of action
(b) with manifest intent of engaging in business, and
Active/Interactive: allows 2-way communication and allows orders (likely to satisfy PJ)
Semi-Interactive: can communicate, but not buy/sell (look at totality, but if only contact with forum, unlikely to meet due process).
Passive: info only (rarely provides PJ).
alone is insufficient. Conduct and connection of the defendant should be such that he should
reasonable anticipate being haled into court
in that forum. (
Quasi In Rem
In Rem will always be sufficient for due process because it always relates to cause of action
National Equipment Rental
Choice of Law Provision
: applies unless...
(3) the law of the state chosen is contrary to the public policy of the state whose law otherwise would govern (e.g. place of contracting or place of performance).
(2) contract was not of a "reasonable relation" to the state chosen or the parties did not have a reasonable basis for the choice.(
Hooper v. Musolino
(1) choice was obtained by unfair means, such as misrepresentation, duress, undue influence, or mistake;
Forum Selection Clause
: prima facie valid, and enforce unless unfair, unreasonable, affected by fraud, or unequal bargaining power. (
Paul Business Sys. v. Canon
Appearing in Court
Operation of law
EXAMPLES: motorist laws/dangerous activities, sale of securities etc.
Failure to object [FRCP 12(h)(1)]
Served in Forum State
Personal jurisdiction satisfies due process when the defendant is physically present in forum state and served with process (
Judicial Process Exception
: if the reason the person is in the state is to appear in court then they cannot be served going to and from the proceedings-- may be served if they linger.
in the forum state
the forum state
APPLY AFTER CONCLUSION
- ONLY IF YES TO MINIMUM CONTACTS
Interest of Forum in adjudicating the case
Is plaintiff or another party from the state? Are there any issues that effect the state directly?
Plaintiff interest in obtaining convenient and effective relief
Plaintiff choice? Are they from the state? Is it convenient due to witness or evidence located there?
The Burden on Defendant
Distance, burdensomeness, etc.