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Question
GlobePay is incorporated and headquartered in Country Z. It has no offices, employees, bank accounts, or registered agent in any U.S. state. GlobePay operates a payment platform used by online merchants. It maintains an English-language website, prices U.S. merchant accounts in dollars, advertises at virtual conferences aimed at U.S. merchants, and processes payments for 4,000 U.S. customers spread across all 50 states. No single state accounts for more than 6 percent of its U.S. business.
Several U.S. customers sued GlobePay in federal court in State N under a federal consumer-protection statute that authorizes nationwide service of process only through Rule 4. GlobePay argues that no state has personal jurisdiction because its customers are too dispersed and that State N has too small a share of its business. The plaintiffs argue that Rule 4(k)(2) allows jurisdiction based on GlobePay's national U.S. contacts.
Discuss whether the federal court may exercise personal jurisdiction over GlobePay under Rule 4(k)(2). Address the federal claim, service rule, absence of state jurisdiction, national contacts, purposeful availment, and fairness.