Elaine G. Caruth v. International Psychoanalytical Association

Plaintiff-Appellant Elaine Caruth filed a complaint against the International Psychoanalytic Association (IPA), alleging that IPA’s decision to deny her membership and training analyst status was based on age discrimination. On July 6, 1993, IPA removed the case to the United States District Court and filed a motion to dismiss for lack of personal jurisdiction, which was granted by the district court. Caruth timely appeals. We have jurisdiction and reverse.

I.

As a court sitting in diversity, the district court could exercise in personam jurisdiction over IPA pursuant to California’s long-arm statute, Cal.Civ.Proc.Code § 410.10. See Metropolitan Life Ins. Co. v. Neaves, 912 F.2d 1062, 1065 (9th Cir.1990). Section 410.10 provides for personal jurisdiction “on any basis not inconsistent with the Constitution of this state or of the United States.” Id. Jurisdiction in this ease is therefore constrained only by constitutional due process requirements. Those requirements are satisfied here.

“A court may exercise either general or specific jurisdiction over a nonresident defendant.” Sher v. Johnson, 911 F.2d 1357, 1361 (9th Cir.1990). Specific jurisdiction, the type at issue here, is…