...s far as due process permits. AlpineGear moves to dismiss for lack of personal jurisdiction. Should State L be able to exercise specific personal jurisdiction over AlpineGear? Discuss. This essay tests stream-of-commerce...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
...Inc. and LiftPoint LLC in federal district court, invoking diversity jurisdiction. Amara has lived in State A for six years, owns a home there, votes there, and intends to remain there. Delta Drones is incorporated in S...
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
...cted earlier, and that dismissal would waste effort. Sierra adds that personal jurisdiction and venue defenses would have been waived by now. Must the court dismiss for lack of subject matter jurisdiction? Discuss. This...
Citations: Fed. R. Civ. P. 12(h)(3), 28 U.S.C. 1447(c)
Defendant believes the forum lacks personal jurisdiction. Defendant files a Rule 12 motion raising improper venue and failure to state a claim but does not raise personal jurisdiction. The personal-jurisdiction objection...
Citations: Federal Rule of Civil Procedure 12, Personal-jurisdiction waiver principles
ForeignCo is not subject to personal jurisdiction in any individual state, but it has extensive contacts with the United States as a whole. Plaintiff brings a federal statutory claim against ForeignCo in federal court. W...
Citations: Federal Rule of Civil Procedure 4(k)(2)
A defendant's first Rule 12 motion raises lack of personal jurisdiction and failure to state a claim but does not raise improper venue. What is the likely effect on the venue defense? The correct answer states the Rule 1...
Citations: Fed. R. Civ. P. 12(b)(3), Fed. R. Civ. P. 12(h)
A state court is deciding whether it has specific personal jurisdiction over an out-of-state defendant. Which statement best describes the constitutional test? The correct answer states the core specific-jurisdiction tes...
Citations: Ford Motor Co. v. Montana Eighth Judicial District Court, Burger King Corp. v. Rudzewicz
A plaintiff files a state-law negligence action in State A court. Complete diversity and the amount in controversy are present, but one properly joined and served defendant is a citizen of State A. Which statement best d...
Citations: 28 U.S.C. 1441(b)(2)
...service. How does the federal court usually determine whether it has personal jurisdiction over the defendant? The correct answer states the usual federal-court personal-jurisdiction rule. Fed. R. Civ. P. 4(k)(1)(A)
Citations: Fed. R. Civ. P. 4(k)(1)(A)
An individual defendant who lives in State A is personally served with process while voluntarily attending a conference in State B. The claim has no other connection to State B. Which statement is most accurate? The corr...
Citations: Burnham v. Superior Court
...rts. The plaintiff later sues there on the contract. What is the best personal-jurisdiction argument for the plaintiff? The correct answer identifies consent through a forum-selection clause. General personal-jurisdictio...
Citations: General personal-jurisdiction consent principles
...claim arising from events in State D. Which statement best describes personal jurisdiction? The correct answer states the domicile basis for general jurisdiction over individuals. General personal-jurisdiction principle
Citations: General personal-jurisdiction principles
...ice of process only through Rule 4. GlobePay argues that no state has personal jurisdiction because its customers are too dispersed and that State N has too small a share of its business. The plaintiffs argue that Rule 4...
Citations: Federal Rule of Civil Procedure 4(k)(2), International Shoe Co. v. Washington, Burger King Corp. v. Rudzewicz
...of State A sued a citizen of State B in federal court under diversity jurisdiction, seeking specific performance of a contract to buy a lakeside parcel for $1 million. The record shows that the defendant owns the parcel...
Citations: Fed. R. Civ. P. 19, Fed. R. Civ. P. 21, 28 U.S.C. 1332
...n to dismiss for failure to state a claim. The motion did not mention personal jurisdiction, even though the defendant knew it had no contacts with the forum. After the court denied the motion, the defendant answered and...
Citations: Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
A plaintiff invokes diversity jurisdiction in a case with two plaintiffs and three defendants. Which statement best describes complete diversity? The correct answer states the complete-diversity requirement. 28 U.S.C. 13...
Citations: 28 U.S.C. 1332, Strawbridge v. Curtiss
...r a contract she signed while physically in State K. A process server personally served Rosa while she was in State J for a weekend family wedding. Rosa removed the case to federal court in State J based on diversity. He...
Citations: Burnham v. Superior Court, Fed. R. Civ. P. 12(h), Insurance Corp. of Ireland v. Compagnie des Bauxites
...raising improper venue and failure to state a claim but omits lack of personal jurisdiction. After that motion is denied, the defendant tries to move to dismiss for lack of personal jurisdiction. Which statement is most...
Citations: Fed. R. Civ. P. 12(h)
...ff's claim relates to those contacts. The defendant still argues that jurisdiction would be unreasonable. Which factors should the court consider? The correct answer states the fairness inquiry that follows the contacts...
Citations: International Shoe Co. v. Washington, Burger King Corp. v. Rudzewicz, Asahi Metal Industry Co. v. Superior Court
A foreign component manufacturer sells parts to an independent distributor abroad. The manufacturer knows the distributor resells some finished products in the United States but does not target or serve a particular f...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro
...m contacts. Where is the corporation generally subject to all-purpose personal jurisdiction? The correct answer states the paradigm bases for corporate general jurisdiction. Daimler AG v. Bauman
Citations: Daimler AG v. Bauman
An out-of-state company runs targeted ads to forum residents, sells products through its website to hundreds of forum customers, and ships the products into the forum. A forum customer sues there after being injured b...
Citations: International Shoe Co. v. Washington, Ford Motor Co. v. Montana Eighth Judicial District Court
...t in State M for unpaid royalties. Dario moves to dismiss for lack of personal jurisdiction, arguing that he has never lived in State M, has no employees there, and operated the tutoring business only in State N. Should...
Citations: Burger King Corp. v. Rudzewicz, International Shoe Co. v. Washington, Fed. R. Civ. P. 4(k)
...roRail in State F state court. MetroRail moves to dismiss for lack of personal jurisdiction. Victor argues that MetroRail's State F operations are extensive and that MetroRail consented by registering to do business. How...
Citations: Daimler AG v. Bauman, BNSF Railway Co. v. Tyrrell, Mallory v. Norfolk Southern Railway Co.
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