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The Title 28 of the United States Code QUESTION #3705
Question 1
A plaintiff (State A) sues a defendant (State B) in federal court in State A. The defendant is served while on a 2-hour layover at an airport in State A. The defendant has no other contacts with State A. The defendant moves to dismiss for lack of personal jurisdiction. How should the court rule?
  • Grant the motion, because a 2-hour layover is not 'continuous and systematic' contact.
  • Deny the motion, because 'transient' presence is a valid basis for personal jurisdiction under Burnham v. Superior Court.✔️
  • Grant the motion, because the cause of action did not arise from the defendant's presence in the airport.
  • Deny the motion, but only if the defendant was traveling for business purposes.
Correct Answer Explanation
In Burnham v. Superior Court, the Supreme Court upheld the traditional 'tag' jurisdiction, where service on an individual personally present in the forum state is sufficient for personal jurisdiction, regardless of how brief the stay is.