First, please read these two short articles regarding a long-arm statute case. Here are the links:Personal JurisdictionandBristol-Myers Squibb (BMS).For theBristol Myers Squibb case itself, please clickhere.

Remember, a court has personal jurisdiction over a defendant when there is a statutory basis for the court's power/authority. The exercise of the court's power must comply with due process under either the Fifth Amendment when the federal government is a party, or the Fourteenth Amendment for a state case.

Discussion topic/Questions:

1. Do you agree with the outcome of Bristol Myers Squibb? Explain why or why not? (Provide sound legal reasoning and analysis for your conclusions).

If you represent a nationwide company that is being sued in a state where it was NOT incorporated or headquartered, what questions would you ask the company to determine if the state had personal jurisdiction(which would permit the case to proceed)? Why is knowing where it can be sued so important?

2. Explain in your own words: what part(s) of the U.S. Code and the Rules of Federal Civil Procedure govern jurisdiction and venue at the federal level?

Part II: Personal Jurisdiction Case Scenarios

As technology and business practices change, the issue of how courts get personal jurisdiction over parties becomes increasingly complex.

Remember, a court would have the Constitutional grounds for personal jurisdiction over a defendant ifthe defendant owned property in the state, or was found and served (with process) within the boundaries of the state.A defendant could also consent to jurisdiction. If the defendant did not own property in the state, or if any of the other ways noted are not present, then the court must determine if the defendant meets the Minimum Contacts test provided inInternational Shoe.

1. Read the foundational case on personal jurisdiction:International Shoe v. Washington, 326 U.S. 310 (1945).

2. Discuss: What is your understanding of that case's issue and holding? If you represented a company that had sold products in several states, what advice would you give the company so that it could avoid being sued in multiple states.

https://constitutionallawreporter.com/2017/08/15/bristol-myers-squibb-co-v-superior-court-california/

https://www.law.cornell.edu/supremecourt/text/326/310