Professional Documents
Culture Documents
MINIMUM CONTACTS
PERSONAL JURISDICTION: MINIMUM CONTACTS ANALYSIS
Contacts?
Jurisdictional
G!
Result: no jdx . . . . . . . . . . . . . . . . . . . . . . . . . . . . . specific jdx . . . . . . . . . . . . . . . . . general jdx
Decreasing contacts
Increasing contacts
Denckla: NO PJ bad kids case, DE trust co. did not do purposeful act, unilateral act of to move to FL; must purposefully avail herself of the privilege
of conducting activities within the FS, thus invoking the benefit and protection of the FSs laws.
1.
2.
3.
NO
YES
NO PJ.
Other Methods?
1. Direct contacts go back to general jurisdiction
2. Contractual obligation K with a resident of the state McGee, Burger King
3. Internet/Website non-passive website (active, not informational) viewed
within the FS, PJ depends on commercial nature of website, level of
consumer used doesnt matter Zippo
Stream of Commerce
Single Contact
Effects Test
seek to serve
tortious act
1981 KULKO NO PJ
OConnor: awareness not enough need to seek to serve stream of commerce plus
6-3 NO PLURALITY! scrap metal recycling, attempt to fix Asahi imprecision problem; NJ (Nicastro, acc,
FS), JMM UK co., McIntrye USA distributor is gone/bankrupt
Breyer/Alito: narrowest grounds holding of majority (wants better facts for a ruling), under either
view of stream of commerce/plus there is no PJ only a single sale
Wouldnt affect the Etsy-ers of the world, because wouldnt pass REASONABLENESS TEST
Kennedy: likes OConnor seek to serve, brings up Pennoyer SOVEREIGNTY = consent, presence,
domicile; consent is established by purposefully availing self to FS (submission to sovereign)
RBG: NJ is part of the US market, can use FRCP 4(k)(2) to adjudicate, scrap metal recycling is niche
and couldve foreseen product in NJ, NJ has strong interest in providing venue; unfair