Personal Jurisdiction

Front 1

Bremen test: a FS clause may be found unreasonable if

Back 1

1. Its formation was induced by fraud or overreaching
2. the complaining party "will for all practical purposes be deprived of his day in court" because of the grave inconvenience or unfairness of the selected forum
3. the fundamental unfairness of the chosen law may deprive the P a remedy OR
4. its enforcement would contravene a strong public policy of the forum state

Hint 1

Traditional bases - consent - waiver; 4 factors

Front 2

Burnham

Back 2

Scalia - no assessment of MC needed; Brennan - under Shaffer, all claims need to be assessed under Int'l Shoe test - transient D must avail herself of the benefits provided by the forum state

Hint 2

Traditional bases - presence - transient jurisdiction - when served with process in the forum state

Front 3

Asahi

Back 3

O'Connor's theory - putting a product in the stream of commerce + additional conduct that targets the forum (at work in Nicastro); Brennan's theory - placing a product in the stream of commerce + awareness that it's being marketed in the forum

Hint 3

Int'l Shoe MC test - relevant contact - purposeful availment and foreseeability - stream of commerce

Front 4

Zippo sliding scale analysis (outmoded)

Back 4

active website - transmitting files or entering contracts - jurisdiction valid; middle ground - interactive - information exchanged, but no commercial transactions - jurisdiction determined by the level of interactivity and the commercial nature of the exchange; passive websites - no jurisdiction - merely provides information

Hint 4

Int'l Shoe MC test - relevant contact - purposeful availment and foreseeability - internet jurisdiction

Front 5

Calder effects test

Back 5

1. D alleged to have committed an intentional tort
2. P felt the brunt of the harm in the forum state
3. Specific activity can be shown by which the D's conduct was expressly aimed at the forum state and was calculated to cause injury there

Hint 5

Int'l Shoe MC test - relevant contact - purposeful availment and foreseeability - internet jurisdiction - intentional torts (3 factors must be met)

Front 6

Fairness factors

Back 6

1. Burden on D
2. Forum state's interest in adjudicating the dispute
3. The P's interest in obtaining convenient and effective relief
4. The interstate judicial system's interest in obtaining the most efficient resolution of the controversies AND
5. The shared interest of the several states in furthering fundamental substantive policies.

Hint 6

Come from WWVW