Steps of Analysis

Personal jurisdiction analysis flow

Where was defendant properly served?

If in forum state: Traditional test (general jurisdiction applies)

• Domicile
• Presence
• Waiver
• Consent

General jurisdiction: claims do not have to arise from or relate to d’s contacts with forum state –defendant can be sued for essentially anything (i.e. courts have personal jurisdiction over defendant generally)

If not served in forum state:

• Is defendant a citizen of the forum state?

• No > is there a long arm statute? If yes, long arm statute > were there minimum contacts? > was there fair play/substantial justice? (discuss factors and come to conclusion about fairness)

• This takes us to specific jurisdiction (plaintiff’s claims arise out of or relate to the defendant’s contact with the forum state (i.e. courts have personal jurisdiction over defendant in this specific dispute))

Watch out because contacts might be so substantial that the defendant is essentially “at home” in the forum state (if at home court has general jurisdiction) - in other words, “so systematic and continuous that defendant is essentially at home in the forum state”

If unsure, do purposeful availment analysis: The defendant purposefully availed themself of the benefits of the forum state AND should have anticipated that personal jurisdiction was foreseeable (only go to purposeful availment analysis if …).

Remember PRESENCE!! If person properly served in forum state, general jurisdiction is proper based on presence alone.