Purposeful availment definition

Purposeful availment means that the defendant’s contacts with the forum state must not be random, fortuitous, attenuated, or the result of unilateral activity of a third person or another party. Id.
Purposeful availment means something akin to either a deliberate undertaking to do or cause an act or thing to be done in Michigan or conduct that properly can be regarded as a prime generating cause of resulting effects in Michigan. Something more than a passive availment of Michigan opportunities must exist that gives the defendant reason to foresee being haled before a Michigan court. [Id. at 231.]
Purposeful availment means that a defendant who has “purposefully” obtained benefit from commerce in other jurisdictions may “reasonably anticipate being haled into court there.”236 The key word is “purposefully.” The damages may have been foreseeable, but if the defendant’s operations did not somehow reach out to another state, the harm is not “purposeful.” This implies

Examples of Purposeful availment in a sentence

Purposeful availment by the defendant of the privilege of acting in, or causing a consequence in, the forum state is the sine qua non for in personum jurisdiction.

Purposeful availment “must be such that the defendant ‘should reasonably anticipate being haled into court’ in the forum state.” Ruston Gas Turbines Inc.

The Company measures the Currency Securities at their market value in accordance with IFRS 13 rather than their Contractual Value (as described in the Prospectus).

Purposeful availment alone will not support an exercise of specific jurisdiction.

Purposeful availment requires a defendant to seek some benefit, advantage or profit by “availing” itself of the jurisdiction.

Purposeful AvailmentA year after McGee, the Court added an additional criterion to the minimum contacts analysis: purposeful availment.89 Purposeful availment, or the defendant’s action of invoking the “benefits and protections” of the forum state, emerged in Hanson v.

Purposeful availment will be discussed in greater de- tail in the next section.

Purposeful availment does not require that a defendant physically enter the forum state.

Purposeful availment “‘is something akin to a deliberate undertaking to do or cause and an act or thing to be done in [the forum state] or conduct which can be properly regarded as a prime generating cause of the effects resulting in [the forum state], something more than a passive availment of [the forum state’s] opportunities.’” Neogen Corp.

Rudzewicz.[40] "Purposeful availment" requires that the defendant create a "substantial connection" between himself and the forum state.[41] The Court determined that "where the defendant 'deliberately' has engaged in significant activities within a State .

Related to Purposeful availment

Areas susceptible to mass movement means those areas of influence, characterized as having an active or substantial possibility of mass movement, where the movement of earth material at, beneath, or adjacent to the landfill unit, because of natural or human-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include landslides, avalanches, debris slides and flows, soil fluction, block sliding, and rock falls.
Routine Patient Costs means all health care services that are otherwise covered under the Group Contract for the treatment of cancer or other Life-threatening Condition that is typically covered for a patient who is not enrolled in an Approved Clinical Trial.
Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
Routine Patient Care Costs means the costs of any medically necessary health care service for which benefits are provided under the Plan, without regard to whether You or Your Covered Dependent are participating in a clinical trial. Routine patient care costs do not include:
continuous supply of goods means a supply of goods which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, whether or not by means of a wire, cable, pipeline or other conduit, and for which the supplier invoices the recipient on a regular or periodic basis and includes supply of such goods as the Government may, subject to such conditions, as it may, by notification, specify;
Excess Concentration means the sum of the following amounts, without duplication:
Serious traffic violation means a conviction when operating a commercial motor vehicle of:
Diagnostic Mammogram means an imaging examination designed to evaluate a subjective or objective abnormality detected by a physician in a breast; an abnormality seen by a physician on a screening mammogram; an abnormality previously identified by a physician as probably benign in a breast for which follow-up imaging is recommended by a physician; or an individual with a personal history of breast cancer.
Trafficking means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.
sickle cell disease means a haemolytic disorder characterised by chronic anemia, painful events, and various complications due to associated tissue and organ damage; "haemolytic" refers to the destruction of the cell membrane of red blood cells resulting in the release of haemoglobin.
Turnover of zero-rated supply of goods means the value of zero-rated supply of goods made during the relevant period without payment of tax under bond or letter of undertaking;
Product Group or “the Group” means a group of lotteries that has joined together to offer a product pursuant to the terms of the Multi-State Lottery Agreement and the Product Group’s own rules.
Cost of Goods means, with respect to any Compound or Product, the cost to manufacture Drug Substance, Bulk Drug Product or finished Product for clinical use, as applicable, which means: (a) in the case of products and services acquired from Third Parties, payments made to such Third Parties; and (b) in the case of manufacturing services performed by a Party or its Affiliates, including manufacturing services that are reasonably necessary to support products and services acquired from Third Parties as contemplated in subsection (a), the actual unit costs of manufacture, plus the variances and other costs specifically provided for herein. Actual unit costs shall consist of direct material costs, direct labor costs, and manufacturing overhead directly attributable to such Drug Substance, Bulk Drug Product or finished Product, all calculated in accordance with U.S. generally accepted accounting
Cost of Goods Sold or “COGS” means all those costs incurred by the supplier of Product for the acquisition of materials from vendors and Third Party suppliers and conversion of such materials into a final, packaged Product. Such costs include: The landed cost of purchased materials; and conversion costs associated with the Manufacture and testing of such Product, including direct labor and an appropriate allocation of indirect costs (proportional to the actual manufacturing time for any given Product). Examples of indirect costs include maintenance of equipment and facilities, line supervision, and technical support. All the costs and methodologies to be used in allocating indirect costs or support services (including depreciation) shall be determined in a manner consistent with GAAP or IFRS as applicable to a Party. Remediation costs outside of capital depreciation and reasonable and customary sample cost shall not be included in Cost of Goods Sold. If Hutchison uses its site for Manufacturing, such costs shall be consistent with and limited to those commonly incurred by Third Party contract manufacturers.
Specified anatomical areas means less than completely and opaquely covered human genitals and pubic region; buttocks; female breasts below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely opaquely covered.
Major Component , in this context, means a major essential component (kernel, window system, and so on) of the specific operating system
Traffic infraction means a violation of law punishable as provided in § 46.2-113, which is neither a
Controllable Material means Material which at the time is so classified in the Material Classification Manual as most recently recommended by the Council of Petroleum Accountants Societies.
Serviced Duty means all duties and obligations of the Sellers in a Corporate Trust Capacity under the Serviced Corporate Trust Contract related to each Serviced Appointment, in each case, other than any Retained Duty.
Active duty means full-time duty status in the active, uniformed services of the United States, including without limitation members of The National Guard and Reserve on active duty orders under 10 U.S.C. §§ 1209 and 1210.
Unintentional Overadvance means an Overadvance which, to the Agent’s knowledge, did not constitute an Overadvance when made but which has become an Overadvance resulting from changed circumstances beyond the control of the Credit Parties, including, without limitation, a reduction in the Appraised Value of property or assets included in the Borrowing Base or misrepresentation by the Loan Parties.
COGS means all Manufacturing Costs that are directly and reasonably attributable to manufacturing of an Existing Product or an Improved Product, as the case may be, in accordance with US GAAP for commercial sale in the countries where such product has been launched.
Manufacturing Cost means Spectrum’s, or Non-Spectrum Foreign Regulatory Approval Holder’s, bona fide and actual manufacturing cost or bona fide invoiced cost from a Third Party manufacturer.
Total Maximum Daily Load (TMDL) means a water quality implementation plan established pursuant to Section 303 of the federal Clean Water Act.
DRS/Profile means the system for the uncertificated registration of ownership of securities pursuant to which ownership of ADSs is maintained on the books of the Depositary without the issuance of a physical certificate and transfer instructions may be given to allow for the automated transfer of ownership between the books of DTC and the Depositary. Ownership of ADSs held in DRS/Profile is evidenced by periodic statements issued by the Depositary to the Holders entitled thereto.
Flocculation means a process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable particles through gentle stirring by hydraulic or mechanical means.