Personal jurisdiction over out-of-state businesses
General and specific jurisdiction, and the narrowing of the first.
Esshaki Legal Media TeamCurrent as of May 2025
A court’s power over a non-resident defendant rests on the defendant’s
connections with the forum.
General jurisdiction permits any claim. For a corporation it exists where
the corporation is fairly regarded as at home — its place of incorporation and
principal place of business, and only in an exceptional case elsewhere.
Substantial continuous business in a state no longer suffices.
Specific jurisdiction requires that the defendant purposefully availed
itself of the forum, that the claim arises out of or relates to those contacts,
and that jurisdiction is reasonable. The relationship must be with the forum
itself, not merely with a plaintiff who resides there.
Stream of commerce. Placing a product into commerce with awareness that it
may reach the forum is contested; additional conduct directed at the forum
strengthens the case considerably.
Contract cases. A contract with a forum resident alone is not enough. Prior
negotiations, contemplated future consequences, terms, and course of dealing are
weighed.
Internet activity. Passive websites generally do not confer jurisdiction;
interactive commercial activity directed at forum residents may.
Consent. Forum selection clauses, registration statutes in some states, and
appointment of an agent can supply consent.
Jurisdictional discovery is available where the plaintiff makes a
non-conclusory showing that facts supporting jurisdiction may exist.