Kerri is a paralegal and is employed by Linda Lawyer, who is an attorney licensed in the state of Utopia. Linda represents Victor, who was seriously injured when Doug Defendant hit Victor with his car while Victor was walking along a street. Doug, however, is a citizen of the state of West Utopia and has returned to his home state. Linda filed a complaint on behalf of Victor against Doug. Linda has now asked Kerri to determine whether and how personal jurisdiction can be established over Doug as the defendant. Under Utopia law, personal jurisdiction can be established (1) if the defendant is in the state when served with the lawsuit, (2) if the defendant was engaged in regular, systematic, and continuous business in the state, or (3) under a long-arm statute, if the defendant caused an in-state event and the lawsuit is based on the event. Can Kerri tell Linda that personal jurisdiction is possible?

Question

Quizplus · Accepted Answer

Yes, because the event that injured Victor was caused by Doug while in-state. Long-arm statutes allow personal jurisdiction over a person who caused an in-state event, but may not now be present in-state - for example, Doug driving in Utopia and hitting Victor. At one time, an out-of-state driver like Doug could avoid liability by returning to his or her home state and not returning to the state where the event occurred. Long-arm statutes overcome this problem. Answer A is not correct because Doug is not in-state. Answer B is not correct because the question does not say Doug was engaged in business in Utopia.

Kerri Is a Paralegal and Is Employed by Linda Lawyer