• Objections waived JRD for divorce Are D’s contacts related if not raised in pre- where one spouse to the suit? answer motion or is domiciled in the answer • D may designate agent in the forum to accept service of process GENERAL IN SPECIFIC IN • Forum Selection PERSONAM JRD PERSONAM JRD Clauses (must be reasonable)
DOMICILE TRANSIENT JRD CONTRACTS IN-STATE IN-STATE EFFECTS STREAM OF COMMERCE
Individuals Scalia • Nature of ACTIVITY • For intentional Brennan • Personal • Valid b/c it’s a prior • Conducting torts, JRD if D • Injecting goods into the stream of presence and traditional notion of fair negotiation business in knew that the commerce should suffice to intent to remain play and substantial s the state brunt of the support JRD • Status considered justice • Reaping injury would be O’Connor • Contemplat at time of filing • UNLESS “traditional” ed future benefits/ felt by the forum • Awareness that product may be Corporations refers to how one is consequenc protections or by a particular sold in forum isn’t enough to • PPB served person in the show sufficient contacts es of of the laws • HQ Brennan forum entering of the state • P needs to show D’s intent to • State of • D was in forum state into K Websites purposefully avail itself of the Incorporation voluntarily • Fairness • Terms of K • Passive sites – forum state’s market by: • Contacts must be o Low burden to • Course of not enough o Designating product for continuous and systematic D interactivity for market in the forum state; • Mere purchases o Foreseeability JRD o Advertising in the forum and related trips, o Purposefully • Internet business state; standing alone availing himself sites w/ sales o Channeling regular advice of the benefits generated from to customers in the forum of the forum the forum state – state; or state FAIR PLAY ANALYSIS o Marketing product • Usu. valid – at least 1. D’s burden of litigating in challenged through distributor as when there’s ≥ forum presence than in sales agent in state 2. P’s Interest (where else could P litigate?) Burnham Stevens 3. Forum state’s interest (is P a resident of Exceptions • Held (but didn’t decide) there’s forum?) 4. Efficiency (location of witnesses, evidence)
John G. Borkowski, Sharon Landesma Ramey, Marie Bristol-Power - Parenting and the Child's World_ Influences on Academic, Intellectual, And Social-emotional Development (Monographs in Parenting) (2001)