Va Bar- Civil Procedure - Personal Jurisdiction

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Personal jurisdiction

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In Personum Jurisdiction refers to the courts ability to exercise power over a particular D. Under the Federal Rules, a federal court must analyze personal jurisdiction as it if were a court of the state in which it is located.

Whether there is PJ is a two step process:
1. Satisfy VA statute
2. Satisfy constitution

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General PJ

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Traditionally IPJ is based on where the party is domiciled, presence in the state where served, and consent in VA this refers to people who have substantial ties to the Commonwealth.

Substantial ties = (1) people served with process instate (2) residents.

(these people can be sued on a claim that arose anywhere in the world)

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Specific Jurisdiction

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The VA Long Arm Statute provides for specific jurisdiction over non-residents for something he/she has done or an effect caused in VA.

Personal service on ∆ outside the state or on ∆ agent instate is preferred.

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VA Long Arm Statute

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Don't Nibble on Candy It Rots Teeth (DNCIRT)

Claim must arise from one of the following:

- DOMESTIC (marriage, child support, child conceived)
- Non-Resident Motorist Act (NRMA)
- CONTRACTS (services, things, insurance)
- INJURY (tortious injury instate by act/omission instate/out-of-state, breach of warranty)
- Realty in state (interest in or owns)
- Transacts any business in VA (VA is a "single transaction state")

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Non-resident motorist Act (NRMA)

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Allows jurisdiction over the owner or operator of a motor vehicle involved in an accident in this commonwealth.

(also long-arm if caused tortious injury by an act or omission in VA)

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Constitutional Standards
Int’l Shoe

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Constitutional Limitations – Contacts and Notice

TEST: Does the ∆ have such minimum contacts with the forum so that the exercise of jurisdiction does not offend traditional notions of fair play and substantial justice?

1. Minimum Contacts
2. Relatedness of Claim to Contact
3. Fairness

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Minimum Contacts

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• Purposeful Availment - ∆ must reach out to the forum ( Doing Business, Interactive Website = purposeful availment)

• Foreseeability – foreseeable that ∆ could get sued in VA

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Relatedness of Claim to Contact

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Claim must arise from ∆’s contacts with the forum (must be physical presence)

Specific Jurisdiction – The claim must arise from activity in the state

General Jurisdiction – systematic and continuous activity such that ∆ is essentially at home in the forum.
• Person – essentially at home at domicile
• Business – where formed & PPB

(relatedness always met with long-arm & NRMA)

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Fairness

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Is jurisdiction FAIR under the circumstances?

• Convenience –for witness & parties (forum ok unless severe disadvantage)
• State’s Interest
• Other factors (Such as π’s interest, judicial system's interest in efficiency, state interest in furthering social policies)

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In Rem and Quasi In Rem Cases

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Jurisdiction is not over ∆ herself, but over her property in the forum.

The statutory basis is an attachment statute (allowing the court to attack property claimed by a non-resident).

Constitutionally, the SCT held that in all cases, even IR and QIR, ∆ must satisfy the Int’l Shoe Test