How Does a Court Get Personal Jurisdiction Over a Defendant?
To establish personal jurisdiction over a civil defendant, a plaintiff must demonstrate either general jurisdiction or specific jurisdiction. These two concepts can be established in various ways:
1. Consent
2. Presence
3. Domicile
4. Long-arm Statutes
5. Minimum Contacts Test
These methods fall under two core concepts, General Jurisdiction or Specific Jurisdiction. In practice the issues get complicated. Is an internet post in California that is defamatory actionable in New York. The first step is to know the general and specific jurisdiction rules - Attorney Daniel Horowitz Explains.
What is General Jurisdiction?
General jurisdiction is established when the defendant has continuous and systematic contacts with the forum state. This allows the state to exercise jurisdiction over the defendant for any claim, even if the claim is unrelated to the defendant's activities in the state.
Case References: Sneha Media & Entertainment, LLC v. Associated Broadcasting Company P Ltd., 911 F.3d 192 (2018); Epic Games, Inc. v. Shenzhen Tairuo Technology Co., Ltd., 593 F.Supp.3d 233 (2022).
What is Specific Jurisdiction?
Specific jurisdiction requires a three-part test:
Purposeful Availment: The defendant must have purposefully availed itself of the privilege of conducting activities in the forum state or purposefully directed its activities at the state.
Case References: Waters v. Day & Zimmermann NPS, Inc., 464 F.Supp.3d 455 (2020); Khoshaba v. Stilwell, --- F.Supp.3d ---- (2024).
Related Claims: The plaintiff's claims must arise out of or relate to the defendant's activities directed at the forum state.
Case References: Khoshaba v. Stilwell, --- F.Supp.3d ---- (2024); Maseng v. Lenox Corporation, 483 F.Supp.3d 360 (2020).
Reasonableness: The exercise of jurisdiction must be constitutionally reasonable, considering factors such as the burden on the defendant, the forum state's interest, the plaintiff's interest in obtaining relief, and the shared interest of the states in furthering substantive social policies.
Case References: Khoshaba v. Stilwell, --- F.Supp.3d ---- (2024).
What is Federal Rule of Civil Procedure 4(k)(2)?
Federal Rule of Civil Procedure 4(k)(2): If no state can exercise personal jurisdiction over the defendant, the plaintiff can establish jurisdiction by showing that the defendant has sufficient contacts with the United States as a whole, and that exercising jurisdiction would be consistent with the U.S. Constitution and laws.
Case References: Sneha Media & Entertainment, LLC v. Associated Broadcasting Company P Ltd., 911 F.3d 192 (2018); Epic Games, Inc. v. Shenzhen Tairuo Technology Co., Ltd., 593 F.Supp.3d 233 (2022).
To establish personal jurisdiction over a civil defendant, a plaintiff must demonstrate either general jurisdiction or specific jurisdiction. These two concepts can manifest in various ways:
1. Consent 2. Presence 3. Domicile 4. Long-arm Statutes 5. Minimum Contacts Test
However, all of these fall under the general description of either specific or general jurisdiction.
What is General Jurisdiction?
General jurisdiction is established when the defendant has continuous and systematic contacts with the forum state. This allows the state to exercise jurisdiction over the defendant for any claim, even if the claim is unrelated to the defendant's activities in the state.
Case References: Sneha Media & Entertainment, LLC v. Associated Broadcasting Company P Ltd., 911 F.3d 192 (2018); Epic Games, Inc. v. Shenzhen Tairuo Technology Co., Ltd., 593 F.Supp.3d 233 (2022).
What is Specific Jurisdiction?
Specific jurisdiction requires a three-part test:
Purposeful Availment: The defendant must have purposefully availed itself of the privilege of conducting activities in the forum state or purposefully directed its activities at the state.
Case References: Waters v. Day & Zimmermann NPS, Inc., 464 F.Supp.3d 455 (2020); Khoshaba v. Stilwell, --- F.Supp.3d ---- (2024).
Related Claims: The plaintiff's claims must arise out of or relate to the defendant's activities directed at the forum state.
Case References: Khoshaba v. Stilwell, --- F.Supp.3d ---- (2024); Maseng v. Lenox Corporation, 483 F.Supp.3d 360 (2020).
Reasonableness: The exercise of jurisdiction must be constitutionally reasonable, considering factors such as the burden on the defendant, the forum state's interest, the plaintiff's interest in obtaining relief, and the shared interest of the states in furthering substantive social policies.
Case References: Khoshaba v. Stilwell, --- F.Supp.3d ---- (2024).
What is Federal Rule of Civil Procedure 4(k)(2)?
Federal Rule of Civil Procedure 4(k)(2): If no state can exercise personal jurisdiction over the defendant, the plaintiff can establish jurisdiction by showing that the defendant has sufficient contacts with the United States as a whole, and that exercising jurisdiction would be consistent with the U.S. Constitution and laws.
Case References: Sneha Media & Entertainment, LLC v. Associated Broadcasting Company P Ltd., 911 F.3d 192 (2018); Epic Games, Inc. v. Shenzhen Tairuo Technology Co., Ltd., 593 F.Supp.3d 233 (2022).
Daniel Horowitz is a Top 100 trial lawyer representing clients throughout the United States.